Dismissed¶15

Sardar Ajeet Singh @ Ajeet Singh v. District Judge, Ayodhya and Another

Allahabad HC21 Jan 2025WRIC/573/2025

Case brief

AI extract

What is this about?

WRIT - C No. 573 of 2025; Allahabad High Court Lucknow Bench; Manish Mathur, J.; Sardar Ajeet Singh @ Ajeet Singh v. District Judge, Ayodhya and another; Section 5(A) of the Societies Registration Act, 1860; Section 13 of the Act; permission to mortgage immovable property of a society; Guru Nanak Educational Society, Haveli Awadh, District Faizabad; minority community; locus standi of non-member; non-joinder of necessary party; society not impleaded; Civil Misc. Case No. 09 of 2024; order dated 04.09.2024; petition dismissed; parties to bear own costs; 2025:AHC-LKO:3686.

What did the court decide?

Having admitted that he is not a member of the society concerned, the petitioner cannot be held to have any locus to challenge the order impugned; the petition accordingly fails on maintainability. ¶13

Sardar Ajeet Singh @ Ajeet Singh Vs District Judge, Ayodhya and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

¶15

Issue for consideration

Locus standi / maintainability: whether the petitioner, who concedes he is not a member of the Guru Nanak Educational Society, can maintain a writ petition challenging the Section 5(A) mortgage-permission order. +2 more

¶10

Court's answer

Having admitted that he is not a member of the society concerned, the petitioner cannot be held to have any locus to challenge the order impugned; the petition accordingly fails on maintainability.

¶13

Ratio / Principle

Because the society has not been arrayed as an opposite party, the petition is also liable to be dismissed for non-joinder of a necessary party.

¶14

Key takeaways

In passing, the court observed from the impugned order itself that approval under Section 5(A) of the Act had been accorded by a Civil Court of competent jurisdiction as defined under Section 13 of the Act, with conditions indicated therein; the substantive validity of the permission was not adjudicated, dismissal resting on locus and non-joinder.obiter¶11

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 19 (Hon'ble Manish Mathur, J.; neutral citation 2025:AHC-LKO:3686), dismissed WRIT - C No. 573 of 2025 filed by Sardar Ajeet Singh @ Ajeet Singh challenging the order dated 04.09.2024 of the District Judge, Ayodhya in Civil Misc. Case No. 09 of 2024, whereby permission was granted in terms of Section 5(A) of the Societies Registration Act, 1860 to mortgage immovable property of the institution (identified in argument as the Guru Nanak Educational Society, Haveli Awadh, District Faizabad). Dismissal rested solely on maintainability grounds: (i) the petitioner conceded he was not a member of the society and, though a member of the minority community for whose benefit the society was formed, was held to have no locus standi to challenge the order; and (ii) the society itself was not impleaded, rendering the petition liable to dismissal for non-joinder of a necessary party. The court noted in passing that the Section 5(A) approval flowed from a Civil Court of competent jurisdiction under Section 13 of the Act; the merits of the permission were not adjudicated. Petition dismissed on 21.1.2025; parties to bear their own costs.

¶1

Neutral Citation No. - 2025:AHC-LKO:3686

¶2

Court No. - 19

¶3

Case :- WRIT - C No. - 573 of 2025

¶4

Petitioner :- Sardar Ajeet Singh @ Ajeet Singh Respondent :- District Judge, Ayodhya And Another Counsel for Petitioner :- Vaibhav Srivastava Counsel for Respondent :- Mehdi Abbas Rizvi

¶5

Hon'ble Manish Mathur,J.

¶6

Heard learned counsel for petitioner, Mr. Mehdi Abbas Rizvi, learned counsel for opposite party no.2. In view of order being passed, notice to opposite party no.1 stands dispensed with.

¶7

Petition has been filed challenging order dated 04.09.2024 passed by District Judge, Ayodhya in Civil Misc. Case No. 09 of 2024 whereby permission to mortgage property of the institution concerned has been granted in terms of Section 5(A) of the Societies Registration Act, 1860.

¶8

Learned counsel for answering opposite party at the very outset has raised a preliminary objection regarding maintainability of this petition at the behest of petitioner in view of the fact that the society concerned has not been impleaded as a party in petition and even otherwise petitioner is not a member of the society at all.

¶9

On merits as well, it has been submitted that in terms of Section 5(A) of the Act as applicable in the State of U.P., it is specifically provided that creation of mortgage, charge, sale, gift or exchange is permitted pertaining to immovable property of a society in case approval by the Court is granted as has been done in the present case.

¶10

On such preliminary objections being raised, learned counsel for petitioner admits that petitioner is not a member of the society being the Guru Nanak Educational Society, Haveli Awadh, District Faizabad but since he is a Member of the minority community, for the benefit of which the society has been formed, it is submitted that he would have a right to maintain the present petition.

¶11

Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, it is evident from the impugned order itself that approval under Section 5(A) of the Act has been accorded by a Civil Court of

¶12

competent jurisdiction as defined under Section 13 of the Act which certain conditions being indicated in the impugned order itself.

¶13

Once it is admitted by learned counsel for petitioner that petitioner is not a Member of the society concerned, petitioner, therefore, cannot be held to have any locus to challenge the order impugned.

¶14

It is also evident that the society has not been arrayed as an opposite party due to which also the petition is liable to be dismissed for non-joinder of necessary party.

¶15

In view thereof, the petition is dismissed . Parties to bear their own cost.

¶16

Order Date :- 21.1.2025 Satish

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

Sardar Ajeet Singh @ Ajeet Singh v. District Judge, Ayodhya and Another

Case brief

What is this about?

What did the court decide?

Sardar Ajeet Singh @ Ajeet Singh v. District Judge, Ayodhya and Another

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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