Disposed

C/M Gandhi Smarak Devnagri Uchchatar Madhyamik Vidyalaya and Another v. State of U.P. and Another

Allahabad HC26 Jul 2024WRIC/18926/2024

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging the registration of a society. The Court directed the Deputy Registrar to decide the pending cancellation application by a reasoned order after a hearing within three months, noting that the parties intend to pursue the matter before the authority.

What did the court decide?

Direction to the Deputy Registrar to consider and decide the pending application of the petitioner by a reasoned and speaking order after hearing within three months.

C/M Gandhi Smarak Devnagri Uchchatar Madhyamik… — Company and Corporate | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:132436

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Court No. - 34

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Case :- WRIT - C No. - 18926 of 2024

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Petitioner :- C/M Gandhi Smarak Devnagri Uchchatar Madhyamik Vidyalaya And Another Respondent :- State of U.P. and Another Counsel for Petitioner :- Prabhakar Awasthi,Saurabh Tripathi Counsel for Respondent :- C.S.C.

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Hon'ble Syed Qamar Hasan Rizvi,J.

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Heard Sri Prabhakar Awasthi, learned counsel for the petitioners; Sri Jitendra Narain Rai, learned Additional Chief Standing Counsel for the State-respondents. Sri Rohit Chaudhary, Advocate holding brief of Sri Rahul Chaudhary, has put in his appearance as the counsel for the Intervenor claiming himself to be the Secretary of the newly constituted society namely Rashtriya Devnagri Shiksha Evam Jan Vikas Sansthan, Parikshitgarh, Tehsil Mawana, District Meerut.

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By means of the present writ petition, the petitioners have prayed for the following relief:

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"(i) To issue a writ, order or direction in the nature of mandamus commanding the Deputy Registrar, Firms, Societies and Chits, Meerut Region, Meerut to cancel the registration Society known as Rashtriya Devnagri Siksha Avam Jan Vikas Sansthan, Parikshitgarh, Tehsil Mawana, District Meerut having been registered on 07.10.1996 in File No. M-33056 by way of reasoned and speaking order after due notice to all the stake holders to be decided within stipulated period of time.

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(ii) ...................

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(iii) .................."

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This Court vide order dated 26.07.2024 granted time to the learned Additional Chief Standing Counsel to seek instructions as to what proceedings have been drawn over the application of the

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petitioners under Section 12(D)(1) of the Societies Registration Act, 1860.

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Learned Additional Chief Standing Counsel on the basis of the instructions submits that despite having notices, the parties have not appeared before the Deputy Registrar (respondent no.2) and now the next date fixed in the matter is 29.08.2024 for hearing/disposal.

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Learned counsel for the petitioner as well as the learned counsel appearing for the aforesaid Intervenor has made a statement that they shall appear before the Deputy Registrar concerned on the next date fixed and shall pursue their cases before the authority concerned.

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In view of the aforesaid, this Court is of the view that no useful purpose would be served to keep this writ petition pending.

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Accordingly, the writ petition is disposed of with a direction to the Deputy Registrar, Firms, Societies and Chits, Meerut Region, Meerut (respondent no.2) to consider and decide the pending application of the petitioner by a reasoned and speaking order, after affording due opportunity of hearing to the parties concerned, in accordance with law, within a maximum period of three months from today. It is provided that the parties present before this Court shall appear before the authority concerned on the next date fixed.

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Order Date :- 13.8.2024 Abhishek Gupta

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Digitally signed by :- ABHISHEK GUPTA High Court of Judicature at Allahabad

C/M Gandhi Smarak Devnagri Uchchatar Madhyamik Vidyalaya and Another v. State of U.P. and Another

Case brief

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C/M Gandhi Smarak Devnagri Uchchatar Madhyamik Vidyalaya and Another v. State of U.P. and Another

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