NAGENDRA KUMAR YADAV v. DEPUTY REGISTRAR, FIRMS, SOCIETIES AND CHITS, LKO.AND OTHERS
WRIC/3218/2025 · 2025-04-07
Jaspreet Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 131738 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 131738 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:19251 Court No. - 8 Case :- WRIT - C No. - 3218 of 2025 Petitioner :- Nagendra Kumar Yadav Respondent :- Deputy Registrar, Firms, Societies And Chits, Lko.And Others Counsel for Petitioner :- Ajay Sharma Counsel for Respondent :- C.S.C. Hon'ble Jaspreet Singh,J. Heard learned counsel for the petitioner. Notice on behalf of the respondent No.1 has been accepted by the office of the Chief Standing Counsel. In view of the order proposed to be passed by this Court, notice to the private-respondents No.2 and 3 is dispensed with. By means of the instant petition, the petitioner seeks a direction for the respondent No.1 to consider and decide the objections, filed by the petitioner on 02.03.2023 regarding his inclusion from the Membership. Learned Additional Chief Standing Counsel, on the basis of the written instructions under the signatures of Deputy Registrar dated 05.04.2025, a copy of which has been provided to the Court for its perusal, the same is taken on record, would indicate that the Deputy Registrar has taken note of the complaint filed by the petitioner and in this regard notices have been issued. However, a perusal of the letter dated 05.04.2025 issued by the Deputy Registrar and addressed to one Kishori Lal, it does not indicate that the notices have been served to the society, who is represented by its President/Secretary as the person authorized by its bylaws to represent the society, but nevertheless, the fact remains that the Deputy Registrar has taken note of the complaint. Accordingly, at this stage, this Court is not inclined to call for a counter affidavit and keeping the aforesaid petition pending for the simple reason that the request as made by the petitioner apparently involves adjudication of certain factual aspect which is best suited to the decided by the Deputy Registrar. Hence, this Court without entering into the merits of the case, disposes of the writ petition with a direction to the respondent No.1 - Deputy Registrar to ensure that proper notice be sent to
the society and its executive, who is duly authorized to represent the society and thereafter consider and decide controversy after affording an opportunity of hearing to the parties as expeditiously as possible preferably within a period of 12 weeks from the date a certified copy of this order is placed before the Court concerned.
It is made clear that the Court has not examined the case of either of the parties on merits and the respondent No.1 - Deputy Registrar shall consider and decide the complaint of the petitioner by a reasoned and speaking order to be communicated to the petitioner on its own merits. With the aforesaid, the petition is disposed of. Order Date :- 7.4.2025 Rakesh/- Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench