Quashed

C/M Sudishth Baba Sikshan Pratishthan and Another v. State of U P and 2 Others

Allahabad HC9 Jul 2019WRIC/19668/2019

Case brief

AI extract

What is this about?

This single-judge writ court quashed an order dated 26.12.2018 passed by the Assistant Registrar as it violated principles of natural justice due to non-disclosure of relevant appointment proceedings. The court directed parties to appear for exchange of documents and pleadings before reconsideration.

What did the court decide?

The order dated 26.12.2018 passed by Assistant Registrar, Firms, Societies and Chits, Azamgarh is quashed and a fresh hearing scheduled.

C/M Sudishth Baba Sikshan Pratishthan and Another… — Service and Employment | Allahabad HC (2019)

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Court No. - 7

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Case :- WRIT - C No. - 19668 of 2019 Petitioner :- C/M Sudishth Baba Sikshan Pratishthan And Another Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Kamlesh Kumar Bharti,P.K. Upadhyay Counsel for Respondent :- C.S.C.,H.K.Singh

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Hon'ble Ajay Bhanot,J.

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The contention of Sri P.K. Upadhyay, learned counsel for the petitioners is that before passing the order dated 26.12.2018 the respondent authority relied on proceedings dated 09.12.2018. The proceedings were introduced at the back of the petitioner. On the foot of those proceedings the respondent no. 3 has been shown to be as Manager of the institution.

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Learned counsel for the petitioner further submits that the documents relating to his membership have not been considered.

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Faced with the aforesaid submissions the learned counsels Sri P.K. Updhayay, learned counsel for the petitioners and Sri Hari Kesh Singh, learned counsel for the respondents agreed, that the proceedings relating to the appointment/election of Sri Balendu Shekhar Singh, as Manager of the institution, were not provided to the petitioner. The said proceedings were relied upon by the Assistant Registrar, Firms, Societies and Chits, Azamgarh Region, Azamgarh while passing the order dated 26.12.2018.

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The parties have fairly admitted that the order dated 26.12.2018 was passed in violation of principles of natural justice. The learned trial court has adopted a procedure not known to law while passing the order dated 26.12.2018. On this ground the order dated 26.12.2018 is arbitrary, illegal and cannot stand.

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With the consent of learned counsels Sri P.K. Updhayay, learned counsel for the petitioners and Sri Hari Kesh Singh, learned counsel for the respondents following directions are being passed:

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(i) The order dated 26.12.2018 passed by Assistant Registrar, Firms, Societies and Chits, Azamgarh Region, Azamgarh is quashed.

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(ii) The parties shall appear before the Assistant Registrar, Firms, Societies and Chits, Azamgarh Region, Azamgarh on 24.07.2019, and exchange documents as well as pleadings, in support of their respective cases.

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(iii) The Assistant Registrar, Firms, Societies and Chits,

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Azamgarh Region, Azamgarh shall record a finding in the book of proceedings, that each party has been served the pleadings and documents relied upon by its respective adversary. The Assistant Registrar, Firms, Societies and Chits, Azamgarh Region, Azamgarh shall rely on those documents which are produced by the parties before it.

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(iv) The Assistant Registrar, Firms, Societies and Chits, Azamgarh Region, Azamgarh shall hear all the parties or any other concerned party on 31.07.2019. The Assistant Registrar, Firms, Societies and Chits, Azamgarh Region, Azamgarh shall notice other parties, which are not before this Court, but are necessary parties in the opinion of Assistant Registrar.

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(v) The Assistant Registrar, Firms, Societies and Chits, Azamgarh Region, Azamgarh shall pass a reasoned and speaking order deciding the controversy in accordance with law within a period of two weeks commencing from 31.07.2019.

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The writ petition is disposed of.

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Order Date :- 9.7.2019 Pravin

C/M Sudishth Baba Sikshan Pratishthan and Another v. State of U P and 2 Others

Case brief

What is this about?

What did the court decide?

C/M Sudishth Baba Sikshan Pratishthan and Another v. State of U P and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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