Neutral Citation No. - 2025:AHC-LKO:44701 Court No. - 7 Case :- WRIT - C No. - 7267 of 2025 Petitioner :- Rakesh Kumar Gupta Respondent :- State Of U.P. Thru. Prin. Secy. Finance Deptt. Lko. And 3 Others Counsel for Petitioner :- Amrendra Nath Tripathi,Pawan Kumar Pandey Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J. 1. Heard Shri Amrendra Nath Tripathi, learned counsel for the petitioner and Shri Ashish Mishra, learned Standing Counsel for the State-respondent nos.1 to 3. Considering the fact that ex- facie the order is in violation of principles of natural justice, this Court does not deem it appropriate to serve notice upon respondent no.4. 2. The present petition has been filed by the petitioner challenging an order dated 02.05.2025 passed by the Deputy Registrar, Firms, Societies and Chits, Lucknow Division, Lucknow, who has cancelled registration of the petitioner, in purported exercise of powers under Section 12-D of the Society Registration Act, 1860 as amended in the State of Uttar Pradesh. 3. The neat contention of counsel for the petitioner is that findings have been returned that the registration was got obtained by playing fraud, which is neither based upon any evidence and is also contrary to the judgment in Special Appeal No.454 of 2022 decided on 02.11.2022. The further contention is that no show cause notice, as is prescribed in the proviso, was ever issued to the petitioner or the Society, proposing to cancel the registration of the Society, which is mandatory in terms of the proviso. 4. For reference, section 12-D of the Society Registration Act, 1860 is quoted herein below :- "12-D. Registrar’s power to cancel registration in certain circumstances. – (1) Notwithstanding anything contained in this Act, the Registrar may, by order in writing, cancel the registration of any society on any of the following grounds : • that the registration of the society or of its name or change of name is contrary to the provisions of this Act or of any other law for the time being in force; • that its activities or proposed activities have been or are or will be subversive of the objects of the society or opposed to public policy; • that the registration or the certificate of renewal has been obtained by misrepresentation or fraud : Provided that no order of cancellation of registration of any society shall be passed until the society has been given a reasonable opportunity of altering its name or object or of showing cause against the action proposed to be taken in regard to it. (2) An appeal against an order made under sub-section (1) may be preferred to the Commissioner of the Division in whose jurisdiction the Headquarter of the Society lies, within one month from the date of communication of such order. (3) The decision of the Commissioner under sub-section (2) shall be final and shall not be called in question in any court." 5. Learned Standing Counsel has raised an objection that an appeal is prescribed against the impugned order dated 02.05.2025 passed by respondent no.2, to which counsel for the petitioner states that the remedy of appeal would not be an absolute bar where the order impugned is in violation of principles of nature justice. Reliance has also been placed judgment in the cases of Whirpool Corporation vs. Registrar of Trade Marks, Mumbai & Others reported in (1998) 8 SCC 1 and Godrej Sara Lee Ltd. vs. Excise & Taxation Officer reported in 2023 SCC OnLine SC 95. 6. On a plain reading of impugned order dated 02.05.2025, it is clear that there is no mention of any show cause notice being issued, prior to passing of the order. Findings with regard to fraud have been returned, without indicating the manner in which the said findings have been returned. Finding the order impugned to be ex-facie without issuance of show cause notice and in violation of principles of natural justice, the same is quashed and the matter is remanded to the Deputy Registrar, Firms, Societies and Chits, Lucknow Division, Lucknow to pass a fresh order, in accordance with law, after complying with the proviso to Section 12-D of the Society Registration Act, 1860. The Deputy Registrar shall hear all the parties concerned, including respondent no.4 before passing any order, as directed above. Although no rights of respondent no.4 are affected by this order, if still he is aggrieved in any manner, he may file a recall/ review of this order for cogent reasons. 7. The petition is accordingly allowed. Order Date :- 1.8.2025 Arnima Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench