Murti Bhagwan Sri Sri Brahmeshwar ... vs Registrar
2023 Latest Caselaw 3029 UK

HIGH COURT OF UTTARAKHAND AT NAINITAL

            Writ Petition (M/S) No. 2788 of 2023
Murti Bhagwan Sri Sri Brahmeshwar Shiv Thakur Ji
Maharaj Viramaan Bhola Giri Dharamshala
                                            ...............Petitioner

                              Versus

Registrar,       Uttarakhand        Chits     Funds,     Society,
Registration and others                      ........Respondents

Present:-
              Mr. Aditya Singh, Advocate for the petitioner.
              Mr. K.K. Sah, Additional Chief Standing Counsel for
              the State.

                           JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

The challenge in this petition is made to

Annexure No.5, which though does not bear any date, but

according to the relief clause it is an order dated

17.11.2022. The petitioner also seeks directions that the

appeal preferred by him may be heard by the Registrar,

Uttarakhand, Chit Firms, Society Registration, Dehradun.

2. Heard learned counsel for the parties and

perused the record.

3. On 06.10.2023, when the matter was taken up,

the Court requested learned State counsel to get

instructions with regard to hearing of the appeal.

4. Today, learned State counsel gives a statement

that the appeal is to be heard on 25.10.2023 and notices

have already been issued. In so far as quashing of

Annexure No.5 is concerned, a bare perusal of Annexure

No.5 reveals that, in fact, it is an Office Note, it is not an

order.

5. There is no occasion for quashing any Office

Note. At this stage, learned counsel for the petitioner

seeks permission to withdraw the relief no.1 with liberty

to challenge the issue pertaining to Annexure No.5 at an

appropriate stage if, the occasion arise. The petition

stands dismissed qua the relief no.1.

6. In so far as the relief no.2 i.e. with regard to

hearing of the appeal is concerned, a statement has

already been given by the learned State counsel that the

appeal is listed for hearing on 25.10.2023. In fact, the

instruction, as received has been tendered at the time of

hearing. It is taken on record.

7. In view of the statement given by the learned

State counsel, nothing survives in this writ petition. The

petition stands disposed of accordingly.

(Ravindra Maithani, J.) 09.10.2023 Sanjay