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2025 DAILYLAW 201675 (ALL)

ASHUTOSH UCHCHATAR MADHYAMIK VIDYALAY SAMITI THRU. MANAGER DEVDHARI VERMA AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY./PRIN. SECY. INSTITUTIONAL FINANCE LKO. AND 4 OTHERS

WRIC/9884/2025 · 2025-10-15

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9884 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Anadi Chitranshi, the learned counsel for the petitioners and Sri Sandeep Srivastava, the learned Additional Chief Standing Counsel. 2. By means of the instant writ petition filed under Article 226 of the Constitution of India, the petitioners have challenged validity of an order dated 15.01.2025 passed by the Deputy Registrar, Firms, Societies and Chits, Lucknow whereby the renewal of registration of society made on 06.12.2018 for a period of 5 years w.e.f. 16.04.2015, renewal dated 12.07.2021 for a period of 5 years w.e.f. 16.04.2020, list of members of the general body of the society for the year 2018-19 presented on 23.01.2019 and for the year 2022-23 presented on 06.04.2022, have been cancelled on the ground that the petitioners' claim was based on forged documents. 3. The petitioners had filed Appeal No. 1085/2025 against the aforesaid order which has been dismissed by means of an order dated 21.06.2025 passed by the Commissioner, Lucknow Division, Lucknow and the petitioners have assailed the validity of the appellate order also. 4. It is recorded in the impugned order that the Treasurer of the society had submitted a complaint dated 05.04.2023 wherein it is stated that the registration of the society had been got renewed on the basis of forged signatures which should be cancelled and he requested for renewal of the Versus Counsel for Petitioner(s) : Anadi Chitranshi Counsel for Respondent(s) : C.S.C. Ashutosh Uchchatar Madhyamik Vidyalay Samiti Thru. Manager Devdhari Verma And Another .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Institutional Finance Lko. And 4 Others .....Respondent(s) society and submitted requisite documents and deposited the prescribed fee. 5. A notice was issued to the petitioner no. 2 in response to which he submitted that election of the society was held in the year 2019 with general consensus and Sri Ram Vilas Sharma (the complainant) had not participated in the election. He stated that he had got the society renewed on the basis of documents mentioned under Section 3A of the Act and Rule 4 of the Rules. Numerous other pleas were also raised by the petitioner no. 2 which have been reproduced in the impugned order. The Deputy Registrar has recorded in the impugned order that although the petitioner no. 2 claims that he was the manager of the society, he did not submit any application for renewal of the society. There is no documentary evidence to establish that the petitioner no. 2 was member of the society prior to 05.12.2018. The petitioner no. 2 did not submit any document along with the documents submitted on 05.12.2018 which may prove that he was a member of the society. The petitioner no. 2 has not submitted any original document. The entries made in the membership register have been mutilated by applying fluid due to which the membership register does not inspire confidence. Each page of the membership register has not been signed by the office bearers. The petitioner no. 2 has submitted documents starting from the year 2018 whereas the society is registered since the year 1985. The documents produced by the petitioner no. 2 did not prove his membership and, therefore, the petitioner no. 2 is a stranger to the society. 6. The Deputy Registrar has further held that it is shown in the proceedings dated 25.08.2011 submitted by the petitioner no. 2 that Sri Suresh Kumar Raghuvanshi and Ram Gulam Mishra were dead whereas both these persons were alive on the said date and they have submitted affidavits before the Deputy Registrar stating that the proceedings submitted by the petitioner no. 2 are forged and concocted and the same are liable to be cancelled. The petitioner no. 2 has shown in the minutes dated 25.08.2011 that the former manager of the society late Munshi Lal Sharma died in the month of December, 2009 whereas he died on 18.01.2010. The proceedings submitted by the petitioner no. 2 purportedly contain the signatures of Sri Har Govind Singh as Chairman WRIC No. 9884 of 2025 2 of the society whereas Sri Har Govind Singh has given an affidavit on 26.09.2023 stating that the proceedings submitted by the petitioner no. 2 are forged and concocted and he has requested for cancellation of the same. 7. In the proceedings dated 04.04.2009, it is recorded that Smt. Prabha Verma has been nominated as the Chairperson of the society whereas in the photocopy of the minute book Sri Har Govind Singh has put his signatures as Chairman of the society. The Deputy Registrar concluded from the aforesaid fact that the documents presented by the petitioner no. 2 are not trustworthy and the proceedings are forged and fictitious. 8. On the contrary, the opposite party no. 5 has submitted the original documents which are trustworthy. 9. The petitioners had filed Appeal No. 1085/2025 challenging the aforesaid order which appeal has been dismissed by means of an order dated 01.08.2025 by the Commissioner. 10. A perusal of the impugned order dated 15.01.2025 passed by the Deputy Registrar indicates that the order is based on cogent reasons which have been extracted above and there does not appear to be any perversity or jurisdictional error in the order. Disputed questions of fact cannot be gone into by this Court in exercise of its extraordinary writ jurisdiction. 11. The writ petition lacks merit and the same is accordingly dismissed. October 15, 2025 Pradeep/- WRIC No. 9884 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench