Page No. 1 of 4 Neutral Citation No. - 2025:AHC-LKO:20848 Court No. - 30 Case :- WRIT - C No. - 7038 of 2023 Petitioner :- Raghavendra Singh @ Kunwar Raghavendra Singh Respondent :- State Of U.P. Thru. Addl Chief Secy. Finance Civil Sectt. Lko. And 3 Others Counsel for Petitioner :- Pramod Kumar Shukla,Ashish Kumar Mishra,Ashok Kumar Singh,Radhika Singh,Rishabh Raj Counsel for Respondent :- C.S.C.,Utsav Mishra Hon'ble Om Prakash Shukla,J. (1) Heard Mrs. Radhika Singh, learned Counsel for the petitioner, Shri Utsav Mishra, learned Counsel for the opposite party No.4 and learned Standing Counsel for the State. (2) This writ petition under Article 226 of the Constitution of India has been filed by the petitioner, Raghavendra Singh alias Kunwar Rathavendra Singh, seeking a writ of Mandamus directing the opposite party no.3-Deputy Registrar, Firm, Society and Chits, Lucknow Division, Lucknow, to take decision upon the representation/application dated 24.09.2022 filed by the petitioner with regards to the cancellation of the registration of the amended byelaws of the Lucknow Golf Club contained as Annexure No.1 to the writ petition. (3) Contention of the learned Counsel for the petitioner is that the petitioner is a member of General Body of the Society, namely, Lucknow Golf Club. Since the amendment in the registered bylaws of the Society was not made as per the provisions of Clause 31 and 33 of the earlier registered byelaws of the society, which provides that any addition, alteration in the Page No. 2 of 4 Memorandum of Article of the Society shall be done in the extraordinary meeting of the Society, however, in utter violation of the aforesaid clause, no any extraordinary meeting was called for amending the bylaws and, as such, the said amendment in the bye-laws is not sustainable. In this regard, the petitioner has preferred an application/representation dated 24.09.2022 before the opposite party No.3-Deputy Registrar, Firms, Society and Chits, Lucknow but as no heed was paid, the petitioner has filed the present writ petition, seeking a writ of mandmaus directing the opposite party no.3-Deputy Registrar, Firms, Society and Chits, Lucknow to consider and decide his representation dated 24.09.2022. (4) Per contra, inviting attention to Section 4-A of the Society Registration Act, 1860 and placing reliance upon the judgment of a Co-ordinate Bench of this Court in Misc Single No. 16126 of 2017 : Swami Dharmeshwarnand Saraswati alias Dharampal and others Vs. State of U.P. and others, decided on 20.7.2017 and Allahabad High School Society, Allahabad and others Vs. State of U.P. and others : 2011 SCC OnLine All 531, learned Counsel for the respondent no.4-Society stated that the present writ petition is not maintainable as the Deputy Registrar, Firms, Society and Chits, Lucknow has no power to annul the amended bye-laws because Section 4-A of the Society Registration Act, 1860 does not require any registration Page No. 3 of 4 and it is only an intimation which is to be given to the Registrar for being retained on record. (5) Learned Counsel for the petitioner, at this stage, has invited attention to Section 24 of the Societies Registration Act, 1860 to say that under Section 24 of the Act, the Registrar has been vested with the powers to make investigation in the affairs of the society and where he is of the opinion that there is apprehension that the affairs are being so conducted so as to defeat the objects of the Society or that the Society or its governing body or officer thereof in actual effective control of the society is guilty of mismanaging its affairs or of any breach of fiduciary or other like obligations, he may either himself or by any person appointed by him in that behalf inspect or investigate the affairs of the society and in that process also inspect any institution managed by the society. Thus, her submission is that as the amended bye-laws are contrary to the earlier bye-laws, hence Deputy Registry ought to consider and investigate the allegation made in the petitioner’s representation in terms of Section 24 of the Act, 1860. (6) Having regard to the submissions advanced by the learned Counsel for the parties and going through the record available before this Court, this Court finds that innocuous prayer made in the present writ petition by the petitioner to the effect that the opposite party no.3-Deputy Registrar, Firms, Societies and Chits, Lucknow be directed to decide the petitioner’s Page No. 4 of 4 representation dated 24.09.2022, which, as per the petitioner, preferred in terms of Section 24 of the Act, 1860, which is disputed by the learned Counsel for the opposite party no.4. (7) As only innocuous prayer is made by the petitioner in the present writ petition to the effect that his representation dated 24.09.2022 be directed to be decided, therefore, the question raised by the parties before this Court that whether the petitioner’s representation is in terms of section 24 of the Act, 1860 or not; and whether the petitioner’s representation would be maintainable before the opposite party no.3 or not, may also be looked into by the opposite party no.3 itself. (8) In view of the aforesaid, the present writ petition is disposed of finally with a direction to the opposite party no.3-Deputy Registrar, Firms, Society and Chits, Lucknow Division, Lucknow, to consider the petitioner’s representation dated 24.09.2022 and decide it, in accordance with law, say, within a period of six weeks from the date of receipt of a certified copy of this order, if there is no legal impediment. (Om Prakash Shukla, J.) Order Date :- 11.4.2025 Ajit Digitally signed by :- AJIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench