COMMITTEE OF MANAGEMENT, AJAB SINGH GRAMADYOG VIKAS SAMITI, VILLAGE KHEDI MANIHAR AND ANOTHER v. STATE OF U.P. AND 3 OTHERS
WRIC/3320/2025 · 2025-02-05
Saral Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14817 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14817 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:16224 Court No. - 32 Case :- WRIT - C No. - 3320 of 2025 Petitioner :- Committee Of Management, Ajab Singh Gramadyog Vikas Samiti, Village Khedi Manihar And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Man Mohan Singh Counsel for Respondent :- C.S.C. Hon'ble Saral Srivastava,J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for respondents.
2. The petitioner by means of the present writ petition has prayed for the following relief:-
"A. Issue a writ, order or direction in the nature of certiorari to quash the impugned order dated 18.10.2024 passed by the respondent no.3. B. Issue a writ, order or direction in the nature of Mandamus commanding and directing the respondents not to interfere in peaceful managing the affairs of the Society by the petitioner Committee of Management. C. Any other writ, order or direction which this Court may deem fit and proper in the facts and circumstances of the case, so that the justice may be done. D. Award cost of petition to the petitioners."
3. A preliminary objection has been raised by the learned Standing Counsel that against the order impugned, there is remedy of filing an appeal under Section 25 (1-D) of the Societies Registration Act,
1860.
5. Since, there is remedy of filing statutory appeal under Section 25 (1-D) of the Societies Registration Act, 1860, and the issue involved in the present writ petition is a disputed question of fact which cannot be decided by this Court in its writ jurisdiction,
therefore, the present writ petition is dismissed on the ground of alternative remedy of filing appeal.
6. Accordingly, the writ petition is dismissed on the ground alternative remedy.
7. However, if the petitioner prefers statutory appeal within a period of one month from today under Section 25 (1-D) of the Societies Registration Act,1860, the Appellate Authority shall consider and decide the same on merit without entering into the question of limitation. Order Date :- 5.2.2025 NS Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad