Ram Kishore Rajvansi v. Deputy Registrar, Firms, Societies and Chhits, Lucknow Region, Lucknow and Others

Allahabad HC1 Jul 2024WRIC/5703/2024

Case brief

AI extract

What is this about?

Petitioner challenged a Deputy Registrar's order recalling an earlier order quashing his termination from a society, arguing no recall or review provision exists in the Act of 1860. Court held the writ maintainable on jurisdiction grounds, rejected the preliminary objection, ordered counters and stayed operation of the recalled order pending next hearing.

What did the court decide?

Operation of order dated 18.03.2024 passed by the Deputy Registrar stayed till next listing date; opposite parties granted four weeks to file counter affidavit.

Ram Kishore Rajvansi vs Deputy Registrar, Firms… — Cooperative Societies | Allahabad HC (2024)

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Court No. - 18

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Case :- WRIT - C No. - 5703 of 2024

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Petitioner :- Ram Kishore Rajvansi Respondent :- Deputy Registrar, Firms, Societies And Chhits, Lucknow Region, Lucknow And Others Counsel for Petitioner :- Sudhir Kumar Pandey,Pradeep Kumar Yadav Counsel for Respondent :- C.S.C.

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Hon'ble Manish Mathur,J.

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Heard learned counsel for petitioner and learned State Counsel for opposite parties no. 1 & 2.

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Issue notice to opposite parties no. 3 & 4 returnable at an early date.

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Petition has been filed challenging order dated 18.03.2024 whereby the earlier order dated 14.03.2024 passed by the Deputy Registrar, opposite party no. 1 has been recalled.

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Learned State Counsel at the very outset has raised a preliminary objection regarding maintainability of this petition on the ground that the order under challenge is appealable before the Divisional Commissioner.

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In response thereto, learned counsel for petitioner submits that since the order impugned in the petition has been passed without jurisdiction, the petition would be maintainable.

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Considering aforesaid submissions, it is evident that the order impugned has been challenged primarily on the ground that it was beyond jurisdiction of the authority concerned to have reviewed or recalled the earlier order, the aspect of jurisdiction being under consideration, the petition is held to be maintainable rejecting the preliminary objection.

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Learned counsel for petitioner submits that earlier vide order dated 14.10.2023, the opposite party no. 3 had been terminated membership of petitioner of the society. The said order was challenged before the Deputy Registrar who thereafter passed an order on merits dated 14.03.2024 quashing the order dated 14.10.2023 but has thereafter proceeded to pass the impugned order on a suo moto basis without any application or appeal. It is submitted that in terms of the Act of 1860, there is no provision either for recall or review of an order was passed by the Deputy Registrar.

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Prima facie submissions advanced by learned counsel for petitioner have force and require consideration for which opposite parties are granted four weeks' time to file counter affidavit.

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List this case on 29.07.2024 alongwith service report.

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Till next date of listing, further operation of order no. 5034 dated 18.03.2024 passed by the Deputy Registrar, Luckow Region, Lucknow shall remain stayed.

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Order Date :- 1.7.2024 Satish

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Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench

Ram Kishore Rajvansi v. Deputy Registrar, Firms, Societies and Chhits, Lucknow Region, Lucknow and Others

Case brief

What is this about?

What did the court decide?

Ram Kishore Rajvansi v. Deputy Registrar, Firms, Societies and Chhits, Lucknow Region, Lucknow and Others

Case brief

What is this about?

What did the court decide?

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