Disposed

Rajesh Kumar Singh and Another v. State of Up and Another

Allahabad HC22 Jul 2024WRIC/22256/2024

Case brief

AI extract

What is this about?

This petition challenged the inaction of the Assistant Registrar regarding a society's renewal application under the Societies Registration Act. The court referred to prior directives and directed the registrar to pass an appropriate order expeditiously within three months.

What did the court decide?

Direction to the Assistant Registrar to pass an appropriate order on the pending renewal application within three months.

Rajesh Kumar Singh and Another vs State of… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:116037

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Court No. - 34

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Case :- WRIT - C No. - 22256 of 2024 Petitioner :- Rajesh Kumar Singh And Another Respondent :- State of U.P. and Another Counsel for Petitioner :- Jitendra Kumar Srivastava Counsel for Respondent :- C.S.C.

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Hon'ble Syed Qamar Hasan Rizvi,J.

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Heard Sri Jitendra Kumar Srivastava, learned counsel for the petitioners and Sri Ashish Mohan Srivastava, learned standing counsel for the State-respondents.

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The present writ petition has been filed seeking following relief:

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"(I) Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 2 to take appropriate decision upon the pending renewal application of the society within time schedule as directed by this Hon'ble Court.

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(II) Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 2 to pass appropriate order upon the reminder dated 11.06.2024 within reasoned and speaking order within time bound period."

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The contention of the learned counsel for the petitioners is that the petitioners' society namely Ishwari Narayan Sanskrit Pathshala Samiti Sarokhanpur, Badlapur, District Jaunpur is a society registered under the Societies Registration Act having Registration No. 1600 of 1977-78 dated 28.09.1977.

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The submission of the learned counsel for the petitioners is that with regard to the renewal of the aforesaid registration certificate the petitioners have already deposited the prescribed registration fee of Rs. 1,000/- on 26.07.2018 along with all relevant papers before the respondent no. 2 but the same is still lying un-attended.

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Learned counsel for the petitioners has placed before the Court a judgment passed by this Court in Writ-C No. 19740 of 2014 (Vikas Kumar Agrawal, Manager Committee of Management Vs. State of U.P. & 2 others), decided on 03.04.2014, wherein this Court has been pleased to issue necessary directions in a similar matter. The relevant portion of the aforesaid order is extracted as under:

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"The Assistant Registrar has himself passed an order on 12 October 2012, in compliance of the order of this Court, for holding the election under Section 25(2) of the Act 21 of 1860.

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It is a statutory duty of the Assistant Registrar to pass an appropriate order on renewal of the certificate of the Society, if an application has been moved for renewal of the certificate. Section 3A of the Act 21 of 1860 casts an obligation on the Assistant Registrar to take appropriate

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action. It is noticed that on account of the inaction on the part of the office of the Deputy Registrars and Assistant Registrars a large number of writ petitions are filed in this Court for a direction upon them to pass appropriate orders. This is not a happy situation. The Statutory Authorities are expected to take decision expeditiously and without any intervention of the Court.

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This Court also takes notice on the fact that a large number of the writ petitions are filed in this Court for direction upon the Deputy Registrar and Assistant Registrar to take appropriate decision on the application for renewal of certificate and for holding the election under Section 25(2) of the Act 21 of 1860. The Deputy Registrars and Assistant Registrars are under the statutory duty under Section 3A of the Act 21 of 1860 for passing the appropriate order on the renewal application, under Section 4 for registering the list of office bearers and under Section 25(2) of the Act 21 of 1860 for holding the election, if the term of the office bearers, is over.

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The Deputy Registrars and Assistant Registrars in most of the cases do not take any step within a reasonable time, with the result this Court, which is already burdened with the huge pendency of cases, deals with such writ petitions where routine orders are required to be passed by the Deputy Registrars and Assistant Registrars. Therefore, a direction is issued to the Registrar, Firms, Societies & Chits, Uttar Pradesh, Lucknow to issue a direction to all the Deputy Registrars and Assistant Registrars to take decision expeditiously on the applications under Section 3A and 25(2) of the Act 21 of 1860 where the matters are contested, and pass appropriate order within a reasonable time.

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Accordingly, the Assistant Registrar is directed to pass appropriate order, expeditiously preferably within a period of three months from the date of communication of this order, on the renewal application of the Society and also to hold the election under Section 25(2) of the Act 21 of 1860 without any further delay."

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Taking into consideration the aforesaid facts and circumstances of the case, this Court is of the view that no useful purpose would be served to keep this writ petition pending.

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Without expressing any opinion on the merits of the case, this writ petition is finally disposed of with a direction to the Assistant Registrar, Firms Societies and Chits, Varanasi Region, Varanasi / respondent no. 2 to pass appropriate order in respect of the pending renewal application, in the light of the guideline laid down by this Court vide order dated 03.04.2024 passed in Writ-C No. 19740 of 2014 (Vikas Kumar Agrawal, Manager Committee of Management Vs. State of U.P. & 2 others), as expeditiously as possible, preferably within a period of three months from the date of receipt of a certified copy of this order along with a fresh representation, in accordance with law.

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Order Date :- 22.7.2024/Arif

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Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad

Rajesh Kumar Singh and Another v. State of Up and Another

Case brief

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Rajesh Kumar Singh and Another v. State of Up and Another

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