Neutral Citation No. - 2025:AHC-LKO:10989 Court No. - 19 Case :- WRIT - C No. - 1677 of 2025 Petitioner :- Ashutosh Uchchatar Madhyamik, Vidyalay Samiti, Hardoi Thru. Manager Devdhari Verma And Another Respondent :- State Of U.P. Thru. Addl. Chief Secretary Finaace, Lko. And 4 Others Counsel for Petitioner :- Mahendra Bahadur Singh,D.K. Singh Chauhan Counsel for Respondent :- C.S.C.,Lalit Kishore Tiwari Hon'ble Manish Mathur,J. 1. Heard Mr. Mahendra Bahadur Singh, learned counsel for petitioners, learned State Counsel for opposite parties no.1 to 4 and Mr. Lalit Kishore Tiwari, learned counsel for opposite party. no.5. 2. Petition has been filed challenging order dated 15.01.2025 passed by Deputy Registrar whereby exercising power under Section 12 D of the Societies Registration Act, the registration of the Society has been cancelled alongwith cancellation of list of General body Members with certain further directions. 3. Further prayer for deciding recall application dated 05.02.2025 and for non-interference in the Managing Committee of petitioner has also been sought. 4. It has been submitted by learned counsel for petitioner that the impugned order has been passed without jurisdiction inasmuch as the proceedings admittedly were under Section 12D of the Act pertaining to Registrar's power to cancel registration in certain circumstances and by means of impugned order, he did not derive any power or jurisdiction to cancel the approved list of General body Members of the Society. 5. It is further submitted that by means of same order, liberty has also been granted to the earlier treasurer of the Society, who is since deceased, for fresh renewal of the Society. 6. Learned counsel for opposite parties at the very outset has raised a preliminary objection regarding maintainability of this petition in view of the fact that petitioner has an alternative and equally efficacious remedy of filing appeal before the concerned authority on the situations. 7. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, it is evident particularly from the impugned order dated 15.01.2025 that the operative portion is in three parts; with the first part cancelling renewal certificate of Society, cancelling the General body list of the Society and granting permission for renewal Society on the basis of application dated 05.04.2023 submitted by one Ram Vilas Sharma who is indicated in the order itself to have been deceased. 8. It is admitted by learned counsel for petitioner that so far as the first and last part of the order is concerned, he has an alternative remedy of filing appeal but submits that so far as cancellation of General Body list of the Societies is concerned, such an order can be passed only under Section 4 of the Societies Registration Act. 9. The aforesaid assertion with regard to power of Registrar to de-register/cancel the General body list admittedly is in terms of Section 4 B of the Societies Registration Act and therefore the present proceedings having been initiated in terms of Section 12 D of the Act, such an exercise of power by the Deputy Registrar was clearly without Jurisdiction. 10. In view thereof, with regard to the first and last portion of order dated 15.01.2025, pertaining to cancellation of renewal Certificate of Society and for acceptance of fresh renewal of Society by means of application dated 05.04.2023, liberty is granted to petitioner to approach the appellate authority. 11. So far as the cancellation/de-registration of General body list of the Societies is concerned, the same having been found to be without jurisdiction in terms of power exercisable under Section 12D of the Act, the said portion is hereby quashed by issuance of a writ in the nature of Certiorari leaving it open to authority concerned to pass appropriate orders in terms of exercise of power under Section 4-B of the Act 1860. 12. Resultantly, the writ petition succeeds partly to the aforesaid extent and is therefore allowed to the said extent. Parties to bear their own costs. Order Date :- 20.2.2025 Subodh/- Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench