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2025 DAILYLAW 1525 (ALL)

COMMITTEE OF MANAGEMENT SCHILLER INSTITUTE AND 4 OTHERS v. STATE OF U.P. AND 10 OTHERS

WRIC/36591/2025 · 2026-02-24

Saurabh Shyam Shamshery

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 36591 of 2025 Court No. - 32 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1. Heard Sri Ashok Khare, learned Senior Counsel assisted by Sri Jawahir Yadav, learned counsel for the petitioners, Sri Vaibhav Tripathi, learned Standing Counsel for State-respondent nos.1 to 6 and Sri Prateek Rai, learned counsel for respondent nos.7 to 11. 2. It is not in dispute that challenge to order passed under Section 25(2) of the Societies Registration Act, 1860 of Deputy Registrar, Firm Societies and Chits, Ghaziabad Region, Ghaziabad in regard to proceedings of election at behest of the petitioners by way of filing an appeal is pending before the appellate authority since August 2025 and till date no effective hearing has took place. Even the application for interim relief is not considered. 3. Sri Ashok Khare, learned Senior Counsel appearing for the petitioners submits that meanwhile the Deputy Registrar, Firm Societies and Chits has send a communication to the petitioners to hand over charge to the elected Committee of Management and said communication is also forwarded to police authorities so that in case of default charge would be handed over with the help of police. He further submits that aforesaid direction is beyond the jurisdiction of said respondent. For execution of the orders, private respondents have other remedies but they still not have taken recourse to any of the remedies. 4. I have considered above submissions. Since an appeal has been filed at behest of the petitioners, which is still pending and till date there is no Versus Counsel for Petitioner(s) : Jawahir Yadav, Sr. Advocate Counsel for Respondent(s) : C.S.C., Saroj Giri Committee Of Management Schiller Institute And 4 Others .....Petitioner(s) State Of U.P. And 10 Others .....Respondent(s) interim order, therefore, petitioners cannot claim to be legally in charge of the Committee of Management. 5. In the aforesaid circumstances, this writ petition disposed of with a direction that appellate authority will consider the application for interim stay in pending appeal filed by the petitioners, if already not considered, within a period of 15 days, after hearing all concerned parties. Meanwhile, the petitioners are duty bound to hand over the charge to elected Committee of Management. In case of default, the respondents will have liberty to carry out legal permissible recourse for handing over the charge. 6. The petitioner shall hand over charge immediately in a peaceful manner so that any intervention of police is avoided, otherwise also it would be the last resort. 7. Writ petition is, accordingly, disposed of with aforesaid directions. October 28, 2025 Manish Himwan WRIC No. 36591 of 2025 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad