Sri Prankush Rastriya Sewa Ashram ... vs State Of U.P. Thru. Secy. Basic ...
2023 Latest Caselaw 9504 ALL

Citation : 2023 Latest Caselaw 9504 ALL
Judgement Date : 31 March, 2023

Allahabad High Court

Sri Prankush Rastriya Sewa Ashram ... vs State Of U.P. Thru. Secy. Basic ... on 31 March, 2023

Bench: Karunesh Singh Pawar




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 21
 

 
Case :- WRIT - C No. - 2450 of 2023
 

 
Petitioner :- Sri Prankush Rastriya Sewa Ashram Pure Noti,Pratapgarh Thru. Its Founder Chakrapani Tripathi
 
Respondent :- State Of U.P. Thru. Secy. Basic Education, Lko. And 11 Others
 
Counsel for Petitioner :- Vinay Misra
 
Counsel for Respondent :- C.S.C.,P.K. Singh Bisen, Nagendra Bahadur Singh
 

 
Hon'ble Karunesh Singh Pawar,J.

1. Heard learned counsel for the petitioner and Mr. Nagendra Bahadur Singh, Advocate who has filed vakalatnama today in court on behalf of respondent No.10, which is taken on record.

2. By means of this writ petition, the petitioner has prayed for a writ of mandamus directing the District Level authorities to carry out a thread bare enquiry regarding the anomalies rampant in the institution and further ensure that the accounts of the institution are settled before the respondents 11 and 12 attains the age of superannuation on 31.3.2023 with a further direction to district level authorities not to act in contravention to the bylaws of the society relating to year 1960.

3. Mr. Nagengra Bahadur Singh, learned counsel for respondent No.10 has raised a preliminary objection regarding maintainability of the writ petition relying on judgment of Supreme Court in P. Nazeer etc versus Salafi Trust and another etc passed in Civil appeal Nos. 3132-3133 of 2016 (relevant para 15). He submits that a society registered under Societies Registration Act is entitled to sue and be sued, only in terms of its bye-laws which may authorise the President or Secretary or any other office bearer to institute or defend a suit for and on behalf of the society. No other person like the petitioner who is founder is entitled to maintain a petition qua the society.

4. The petitioner's counsel could not dispute that there is no resolution in favour of the petitioner Chakrapani Tripathi who is allegedly the founder of the society. Hence, in view of the judgment of Supreme Court, the petition is liable to be and is hereby dismissed.

Order Date :- 31.3.2023

kkb/