Taekwondo Asociatation Of ... vs The Assistant Registrar Of Soc ...
2023 Latest Caselaw 366 Bom

                                                                               8-ASWP-8792-2022.DOC




                              Shubhada S Kadam



                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 CIVIL APPELLATE JURISDICTION
                                                 WRIT PETITION NO. 8792 OF 2022


                              Taekwondo Association of Maharashtra through              ...Petitioner
                              Its Treasurer
                                     Versus
                              The Assistant Registrar of Societies, Greater          ...Respondents
                              Bombay & Ors


                              Mr Sushant S Prabhune, for the Petitioner.
                              Mr KSThorat, AGP, for the Respondent-State.


                                                      CORAM        G.S. Patel &
                                                                   S.G. Dige, JJ.

                                                      DATED:       10th January 2023
                              PC:-

1. The Taekwondo Association of Maharashtra, which is the Petitioner in Writ Petition No 8684 of 2022, in which we have just rendered a judgment rejecting the petition, is also the petitioner here. The relief sought against the Assistant Registrar of Societies is for a mandamus directing that authority to cancel the registration of the 2nd Respondent, India Taekwondo.

2. Ex-facie, it is difficult to see how such an order can be the subject matter of a mandamus. Registrations are the subject of the Societies Registration Act, 1960. The society may also be registered

Digitally signed by SHUBHADA 10th January 2023 SHUBHADA SHANKAR SHANKAR KADAM KADAM Date:

2023.01.12 11:00:12 +0530 8-ASWP-8792-2022.DOC

as a Public Trust governed by the Maharashtra Public Trust Act, of 1950. If this be so, we do not see how such a Writ Petition lies. In any case, a mandamus may issue to an authority to decide a particular application. We can seldom conceive of an order directing an authority to decide an application in a particular way.

3. To obtain the relief, the Petition demands that we enter into controversial and contentions factual questions. We cannot.

4. This Writ Petition is also rejected. No costs.

(S.G. Dige, J)                                         (G. S. Patel, J)





                           10th January 2023