SHIV PRAKASH v. STATE OF U.P. THRU. PRIN./ ADDL. DEPTT. OF INSTITUTIONAL FINANCE, LUCKNOW AND OTHERS
/11349/2024 · 2025-01-08
Transfer Petitionbody2025
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[ 2025 DAILYLAW 170900 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 170900 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:1393 Court No. - 19 Case :- WRIT - C No. - 11349 of 2024 Petitioner :- Shiv Prakash Respondent :- State Of U.P. Thru. Prin./ Addl. Deptt. Of Institutional Finance, Lucknow And Others Counsel for Petitioner :- Kalika Prasad Pandey Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J.
1. Heard learned counsel for petitioner, learned State Counsel for opposite parties 1 to 3 and Mr. Sant Prasad Singh Advocate holding brief on behalf of Mr. Amrendra Nath Tripathi learned counsel for opposite party No.4 since the said opposite party is already a petitioner in the connected writ petition No. 3123 of 2024 and since only summary orders are being passed, his presence is being indicated with regard to opposite party No.4.
2. Petition has been filed seeking a direction to the concerned authority to decide dispute of registration of membership pertaining to the society concerned i.e.Shri Lallan Ji Brahmchari Intermediate College, Bharatpur, Ambedkar Nagar. Further prayer for a direction for decisions on objections preferred by petitioner dated 29th September, 2023 has also been sought.
3. It appears from record that proceedings under Section 4-B of the Societies Registration Act 1860 are pending consideration before the authority concerned in which the petitioner has filed his objections dated 29th September, 2023 which are pending
consideration.
4. Learned counsel for opposite party No.4 has adverted to the fact that certain other members of the society have filed preliminary objections against maintainability of petitioner objections dated 29th September, 2023 which are also pending
consideration and for expeditious consideration of which, one Shailesh Mishra had filed writ C No. 3937 of 2024 which was
disposed of vide order dated Ist May, 2024 directing the authority concerned to decide the said preliminary objections within a period of eight weeks from the date a certified copy of the order was produced before him.
5. It is submitted that however the aforesaid objections and preliminary objections to those objections are yet pending
consideration.
6. In view of submissions advanced by learned counsel for parties, the opposite party No.3 i.e. Deputy Registrar, Firms, Societies and Chits, Ayodhya Division, Ayodhya is directed to take a decision with regard to preliminary objections preferred with regard to maintainability of objections dated 29th September, 2023 prior to decision on the objection dated 29th September, 2023 and to adjudicate the same only in accordance with the decision on the preliminary objections.
7. The said authority is directed to conclude the aforesaid decisions expeditiously, preferably within a period of eight weeks from the date a certified copy of this order is brought on record of proceedings after affording opportunity of hearing to all concerned.
Order Date :- 8.1.2025 prabhat Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench