Neutral Citation No. - 2025:AHC-LKO:3686 Court No. - 19 Case :- WRIT - C No. - 573 of 2025 Petitioner :- Sardar Ajeet Singh @ Ajeet Singh Respondent :- District Judge, Ayodhya And Another Counsel for Petitioner :- Vaibhav Srivastava Counsel for Respondent :- Mehdi Abbas Rizvi Hon'ble Manish Mathur,J. 1. 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. 2. 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. 3. 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. 4. 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. 5. 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. 6. 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 competent jurisdiction as defined under Section 13 of the Act which certain conditions being indicated in the impugned order itself. 7. 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. 8. 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. 9. In view thereof, the petition is dismissed. Parties to bear their own cost. Order Date :- 21.1.2025 Satish Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench