Dismissed

Committee of Management of Gramin Shiksha Vikas Samiti Bhabhokar Kaundhiara Prayagraj and 6 Others v. State of Up and 4 Others

Allahabad HC26 Jul 2024SPLAD/548/2024

Case brief

AI extract

What is this about?

Special appeal dismissed as no case was made out to adjudicate the writ petition on merits. The court rejected the plea regarding alternative remedies and held the appellant must file a counter affidavit before the Single Judge.

What did the court decide?

The special appeal is dismissed due to lack of case made out for admjudication on merits.

Committee of Management of Gramin Shiksha Vikas… — Service and Employment | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:119725-DB

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Chief Justice's Court

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Case :- SPECIAL APPEAL DEFECTIVE No. - 548 of 2024

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Appellant :- Committee Of Management Of Gramin Shiksha Vikas Samiti Bhabhokar Kaundhiara Prayagraj And 6 Others Respondent :- State Of Up And 4 Others Counsel for Appellant :- Mayank Pratap Singh,Pradeep Yadav,Vinod Kumar

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Counsel for Respondent :- C.S.C.,Hritudhwaj Pratap Sahi, G.K. Singh, Sr. Adv. with Sankalp Narain and B.P. Tiwari

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Hon'ble Arun Bhansali,Chief Justice Hon'ble Vikas Budhwar,J.

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This appeal is directed against order dated 15.03.2024 passed by the learned Single Judge in Writ -C No.2662 of 2024, whereby the Court on the finding that the matter requires consideration has issued notices to the respondents and has granted interim order.

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Learned counsel for appellants attempted to make submissions that the respondents has the remedy under Section 25 of Societies Registration Act, 1860 (hereinafter referred to as 'the Act') against the order impugned, and therefore, on account of availability of alternative remedy, the writ petition was not maintainable and learned Single Judge was not justified in granting the interim order. Further submissions have been made seeking to justify the order dated 01.01.2024 passed by the Assistant Registrar.

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The counsel for the respondents made submissions that the appellants are under the wrong impression, inasmuch as order impugned has been passed under Section 25 of the Act, and therefore, there is no question of availability of any alternative remedy under Section 25 of the Act. Further submissions have been made that the learned Single Judge had fixed the matter on

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22.04.2024 at 02.00 p.m., however, the appellant has chosen not even to file a counter affidavit and therefore now it is not open to him to seek to contest the petition in this appeal on merits.

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We have considered the submissions made by the learned counsel for parties and perused the material available on record.

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The plea regarding availability of alternative remedy, apparently, has no substance as the order impugned has been passed by the Assistant Registrar under Section 25 of the Act regarding which submissions have been made by learned counsel for appellants that under Section 25 of the Act the respondents have the remedy.

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So far as the merits of the writ petition is concerned, once the learned Single Judge has found that the matter requires consideration and has issued notices, the appellant has to file counter affidavit and make submissions before the learned Single Judge. No case is made out to get the writ petition adjudicated in the present appeal.

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Consequently, there is no substance in the appeal. The same is, therefore, dismissed.

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Order Date :- 26.7.2024 Manish Kr/P.Sri

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(Vikas Budhwar, J.) (Arun Bhansali, C.J.)

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Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad

Committee of Management of Gramin Shiksha Vikas Samiti Bhabhokar Kaundhiara Prayagraj and 6 Others v. State of Up and 4 Others

Case brief

What is this about?

What did the court decide?

Committee of Management of Gramin Shiksha Vikas Samiti Bhabhokar Kaundhiara Prayagraj and 6 Others v. State of Up and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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