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2025 DAILYLAW 199067 (ALL)

C/M SIDDHARTH GYANODAY PUBLIC SCHOOL SAMITI THRU.CHAIRMAN,DAYA SHANKAR MAURYA AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. FINANCE DEPTT. LKO. AND 2 OTHERS

WRIC/9935/2025 · 2025-10-10

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9935 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Suvivek Bajpai, the learned counsel for the petitioners, Sri S.K. Khare, the learned Standing Counsel appearing on behalf of the State, Sri Sachindra Pratap Singh, Advocate along with Sri Suyash Bajpai, who have put in appearance on behalf of opposite party no.3 by filing a vakalatnama, which is taken on record and perused the records. 2. The learned counsel for the opposite parties have stated that they will advance submissions in opposition of the writ petition and they do not propose to file counter affidavit. 3. By means of the instant petition filed under Article 226 of the Constitution of India the petitioners have challenged the validity of an order dated 01.09.2025, passed by the opposite party no.2/Deputy Registrar, Firms, Societies and Chits, Lucknow, whereby list of general body and managing committee of Siddharth Gyanoday Public School, Village Pure Rati, Bela Khara, District Raebareli submitted by the petitioner has been cancelled by the Deputy Registrar and the opposite party no.3 has been directed to submit a list of general body and managing committee. 4. Although, detailed submissions were advanced before this court Versus Counsel for Petitioner(s) : Suvivek Bajpai Counsel for Respondent(s) : C.S.C., Suyash Bajpai C/M Siddharth Gyanoday Public School Samiti Thru.Chairman,Daya Shankar Maurya And Another .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Finance Deptt. Lko. And 2 Others .....Respondent(s) by learned counsel for the petitioners and the learned counsel for the opposite party no.3, but finally the learned counsel for the petitioners confined his submission to the effect that the petitioner has raised a specific objection that the list of members of general body and managing committee of the society submitted by the opposite party no.3 did not bear signatures of the petitioner as the Chairperson of the society. This submission was refuted by the learned counsel for the opposite party no.3. However, this point has not been decided by the Deputy Registrar in the impugned order. 5. The learned counsel for the opposite party no.3 has conceded his submission and he has consented that this point needs to be decided by the Deputy Registrar. 6. Accordingly, the writ petition is allowed. The impugned order dated 01.09.2025, passed by the opposite party no.2/Deputy Registrar, Firms, Societies and Chits, Lucknow, is set aside. The matter is remanded to the opposite party no.2/Deputy Registrar, Firms, Societies and Chits, Lucknow for being decided afresh after taking into consideration all the pleas raised by the concerned parties and after giving them appropriate opportunity of hearing. 7. It is clarified that this court has not examined the merits of the case and left the same open to be decided by the Deputy Registrar. October 10, 2025 Ram. WRIC No. 9935 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench