Writ petition seeking direction to Registrar to decide a pending representation regarding society registration. Court granted liberty to file fresh representation and directed decision within three months with hearing.
Liberty to file fresh representation; decision to be taken within three months after hearing.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 3685 of 2020
Versus
The State of Jharkhand, through the Inspector General of Registration, Government of Jharkhand, Ranchi ….. Respondent ----- CORAM
HON’BLE MR. JUSTICE RAJESH SHANKAR
For the Petitioners: Mr. Saurabh Shekhar For the Respondent: Md. Sharahbil Ahmad, A.C to S.C (Mines)-I
04/11.01.2021 The case is taken up through Video Conferencing.
Learned counsel for the petitioner while pressing the present writ petition, has confined the prayers to the extent of directing the respondent to decide the petitioners’ representation dated 18.05.2020 in relation to the dispute raised therein after providing due opportunity of hearing to the concerned parties.
Learned counsel for the petitioners submits that the petitioners are the members of a society whose registration in the name of Singhbhum Homeopathic Medical College and Hospital is pending before the respondentInspector General of Registration, Government of Jharkhand bearing Application ID No. 7521. The said society was earlier registered under the provisions of the Societies Registration Act, 1860 in the State of Bihar bearing Registration No. 103/81 dated 30.06.1981. In the year 1995, it was decided to include one named member of the TISCO to be the Chairman of the Executive Body of the said society. On 25.04.2000, the TISCO had decided to give its building on lease for the purpose of running the said college and hospital. It was further decided
in the year 2002 by the Health, Medical Education and Family Welfare Department, Government of Jharkhand to run the said college and hospital by a Governing Body under the Chairmanship of the Deputy Commissioner, East Singhbhum, Jamshedpur. After creation of the State of Jharkhand, the Society’s registration was not renewed and as such a decision was taken in the year 2014 to prefer an application to renew the registration of the said society which was earlier registered in the State of Bihar. The Government of Jharkhand took a decision vide notification dated 24.05.2016 to dissolve the Governing Body of the said society which was constituted in pursuance of notification No. 163(20) dated 26.06.2015. It is further submitted that the respondent, on the basis of the enquiry report submitted by the Deputy Commissioner, Jamshedpur, East Singhbhum, passed the order on 02.08.2019 in Misc. Case No. 01/2019 deciding the claim of the petitioners to be correct and proposed that the registration of the said society bearing Application ID No. 7521 should be undertaken. Thereafter, the petitioners preferred a representation before the respondent on 18.05.2020 raising all the disputes and brining subsequent developments and the decision taken in the meeting of the Committee held on 18.03.2020 to the notice of the respondent, however, the matter is still pending and no decision has been taken in this regard by the respondent which has compelled the petitioners to file the present petition.
Having heard learned counsel for the parties and keeping in view the aforesaid limited prayer of the petitioners, without entering into the merit of the case, the petitioners are given liberty to prefer a fresh representation before the respondent on the present dispute. On receipt of such representation, the respondent, after providing due opportunity of hearing to all the parties, shall take appropriate informed decision within a period of three months from the date of filing of the said representation.
The present writ petition is disposed of with the aforesaid liberty and
direction.
(RAJESH SHANKAR, J)
Satish/-
2 issues framed by the court
Whether the registrar should decide the petitioners' pending representation regarding society registration after providing a hearing opportunity?
Whether the writ petition should be disposed of by granting liberty to file a fresh representation with a time-bound decision by the respondent?
Singhbhum Homeopathic Medical College & Hospital Society
State of Jharkhand
Rajesh Shankar
As recorded by the court registry
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