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2025 DAILYLAW 169976 (ALL)

BOKHAL TIWARI AND 3 OTHERS v. STATE OF U.P. THRU. PRIN./ SECY. INSTITUTIONAL FINANCE DEPTT. LKO, AND 7 OTHERS

WRIC/10996/2024 · 2025-01-02

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:5 Court No. - 19 Case :- WRIT - C No. - 10996 of 2024 Petitioner :- Bokhal Tiwari And 3 Others Respondent :- State Of U.P. Thru. Prin./ Secy. Institutional Finance Deptt. Lko, And 7 Others Counsel for Petitioner :- Pawan Kumar Pandey,Sharad Pathak Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J. 1. Heard learned counsel for petitioners and learned State Counsel appearing on behalf of opposite parties no.1 to 4. 2. In view of order being passed, notices to opposite parties no.5 to 8 stand dispensed with. 3. Supplementary afÏdavit filed today is taken on record. 4. Petition has been filed challenging order dated 04.09.2023 whereby reference under Section 25 (2) of the Societies Registration Act has been made with regard to election dispute of the Society namely Subhash Memorial Association, Kandhaiapur, District Sultanpur through its President. 5. Further prayer for a direction to concerned authority to hold Election of the Committee of Management of the Society in pursuance of order dated 30.01.2013 passed by this Court in Writ Petition No.2913 (M/S) of 2000 as well as earlier orders dated 13.01.1993 and 10.10.2000 passed by Deputy Registrar, Ayodhya Division has also been sought. 6. It has been submitted by learned counsel for petitioners that against the order dated 04.09.2023, preliminary objections have already been filed in proceedings which have been initiated under Section 25 (1) of the Act. 7. At present, learned counsel for petitioners on the basis of instructions restricts his prayer for a direction to the concerned authority for a final decision with regard to his preliminary objections in view of the fact that as per his submission the present proceedings are not maintainable since a reference earlier had already been made under Section 25(1) of the Act and order under Section 25(2) of the Act has already been passed. 8. Considering innocuous prayer being made by learned counsel for petitioners and without entering into the merits of the case, the opposite party no.4 i.e. Prescribed Authority/ Up Ziladhikari, Tehsil Lambhua, District Sultanpur is directed to take a final decision with regard to preliminary objections filed by petitioners in pursuance of order dated 04.09.2023 expeditiously prior to passing any final orders in the matter. 9. With the aforesaid direction, petition stands disposed of. Order Date :- 2.1.2025 Subodh/- Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench