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2025 DAILYLAW 194067 (ALL)

GYAN BHARTI SHIKSHA SAMITI v. SHRI LAXMI NARAYAN AND 3 OTHERS

A227/12406/2025 · 2025-10-12

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 12406 of 2025 Court No. - 5 HON'BLE MANISH KUMAR NIGAM, J. 1. The petition has been filed challenging the order passed by Additional District Judge rejecting an application under Section 5(A) of the Societies Registration Act, 1860 seeking permission to dispose of the property of the society. 2. From the perusal of the order impugned, it is apparent that members of the society has not been impleaded as opposite party in the said application. 3. It has been submitted by learned counsel for the petitioner that liberty may be granted to the petitioner to move fresh application impleading all the members of the society as opposite party and the same may be directed to be decided afresh without being influenced by the order impugned. 4. In view of judgment, in case of Writ C No. 8282 of 2025 (B.M. Education and Social Institute Vs. State of U.P. Through Collector Banda) decided on 21.07.2025, an application under Section 5(A) of the Societies Registration Act, 1860 is not maintainable without impleading the members of the society. 5. In view of the above, the writ petition is disposed of with Versus Counsel for Petitioner(s) : Tarun Agrawal Counsel for Respondent(s) : Ashish Mishra Gyan Bharti Shiksha Samiti .....Petitioner(s) Shri Laxmi Narayan And 3 Others .....Respondent(s) liberty to the petitioner to move fresh application after impleading the members of the society as respondents, and in case, such an application is filed, the same shall be considered and decided by the concerned Additional District Judge, in accordance with law, without being influenced by any of the findings recorded in the order impugned. October 13, 2025 Ved Prakash A227 No. 12406 of 2025 2 (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad