Ravinder Ruhal and Anr. Vs State of Haryana and Others — Punjab & Haryana HC (2025) — LawSathi Research

Ravinder Ruhal and Anr. Vs State of Haryana and Others — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Setting aside of the appellate dismissal order dated 16.02.2023 with consent of both sides, and remand of the petitioners' statutory appeal to the appellate authority/State Registrar for a fresh decision on merits after due hearing and per principles of natural justice, to be decided preferably within three months, with the interim order remaining in force till final decision of the appeal.

Issue for consideration

Whether the order dated 31.01.2023 (Annexure P-6) passed by respondent No.3 - District Registrar should be set aside. +1 more

Ratio / Principle

The learned senior counsel for the petitioners and the learned counsel for respondent No.8 were ad idem that the appellate authority's dismissal order dated 16.02.2023 required interference, since its maker ought to have decided the issue in the appeal on merits rather than dismissing the appeal as not maintainable.

Key takeaways

With the consent of both the learned counsels for the contesting litigants, the appellate authority's dismissal order dated 16.02.2023 was set aside.ratio¶¶19
The matter was remanded to the appellate authority/State Registrar for a fresh decision on the appeal preferred by the petitioners, after giving due opportunity of hearing to all parties concerned and following the principles of natural justice.ratio¶¶19
The appeal shall be decided preferably within three months from the date of this order.ratio

Detailed headnote1 paragraphs

CWP-3266-2023 (decided 22.04.2025; Kuldeep Tiwari, J., oral order) - Ravinder Ruhal and another v. State of Haryana and others. The writ petition prayed for setting aside the order dated 31.01.2023 (Annexure P-6) of respondent No.3 - District Registrar and for quashing the Bye-laws (Annexure P-9) as inconsistent with the Haryana Registration and Regulation of Societies Act, 2012 and Rules, 2012. During pendency, the petitioners' statutory appeal to the State Registrar against the said order was dismissed on 16.02.2023 merely on a reference to the pendency of this writ petition, and that dismissal was not separately assailed here. Both sides' counsel concurred that the appellate dismissal deserved interference as the appeal ought to have been decided on merits. With their consent, the High Court set aside the dismissal order dated 16.02.2023 and remanded the appeal to the appellate authority/State Registrar for a fresh decision after hearing all parties per natural justice, preferably within three months, the interim order remaining in force till final decision; writ petition disposed of accordingly.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

107 CWP-3266-2023 Date of Decision : April 22, 2025

RAVINDER RUHAL AND ANR. -PETITIONERS

V/S

STATE OF HARYANA AND ORS. -RESPONDENTS

CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI

Present: Mr. Chetan Mittal, Sr. Advocate with Mr. R.S. Randhawa, Advocate Ms. Rajinder Kaur, Advocate Ms. Tarranum Madan, Advocate and Mr. Abinav Kansal, Advocate for the petitioners.

Mr. Bhupender Singh, D.A.G., Haryana.

Mr. Raja Sharma, Advocate and Mr. Kamal Sharma, Advocate for the respondent No.8.

KULDEEP TIWARI, J. (ORAL)

The prayer clothed in the present writ petition appertains to setting aside the order dated 31.01.2023 (Annexure P-6), whereby, the respondent No.3- District Registrar has dismissed the petition filed by the petitioner Punit Bansal and others, and, has revoked the stay order of election process. Moreover, the present writ petition also encloses a prayer for quashing the Bye-laws (Annexure P-9) on account of its being inconsistent and violative of the provisions of the Haryana Registration and Regulation of Societies Act, 2012, and, also of the Haryana Registration and Regulation of Societies Rules, 2012.

Consequent upon issuance of notice upon the present writ petition, a reply was filed on behalf of the respondents No.2, 3 and 6. This reply embodies the following supervening events, which occurred post the filing of the present writ petition:- (i) the impugned order dated 31.01.2023

DEVINDER YADAV 2025.04.23 17:00 I attest to the accuracy and authenticity of this order/judgment

2

CWP-3266-2023

was assailed by the petitioners by filing a statutory appeal before the State Registrar also, however, the appeal was dismissed vide order dated 16.02.2023.

Although the dismissal order dated 16.02.2023, as passed by the appellate authority/State Registrar, has not been assailed before this Court, yet a perusal thereof reveals that, it has been drawn merely on account of a reference given by the petitioner(s) regarding pendency of the present writ petition before this Court.

The learned senior counsel for the petitioners and the learned counsel for the respondent No.8 are ad idem that, the appellate authority’s dismissal order dated 16.02.2023 requires interference inasmuch as the maker thereof ought to have decided the issue enclosed in the appeal on merits, rather than dismissing the appeal being not maintainable. Consequently, with the consent of both the learned counsels for the contesting litigants, the order dated 16.02.2023 is set aside and the matter is remanded to the appellate authority/State Registrar for making a fresh decision on the appeal preferred by the petitioners, after giving due opportunity of hearing to all the parties concerned and following the principles of natural justice. The appeal shall be decided preferably within three months from today. Moreover, the interim order passed by this Court shall also remain in force till final decision of the appeal by the appellate authority.

5. Disposed of accordingly.

(KULDEEP TIWARI) April 22, 2025 JUDGE devinder Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No

DEVINDER YADAV 2025.04.23 17:00 I attest to the accuracy and authenticity of this order/judgment