HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6548 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Gopesh Tripathi, the learned counsel for the petitioners, Sri Ashish Saxena, the learned Standing Counsel appearing on behalf of the State and perused the records. 2. By means of the instant petition filed under Article 227 of the Constitution of India the petitioners have assailed the validity of an order dated 13.05.2024, passed by learned District Judge, Raebareli in Civil Misc. (Unconnected) Case No.162 of 2023, whereby the District Judge has allowed an application filed by the opposite party no.1-ITI Sahkari Awas Samiti Ltd. Raebareli for permission to sell some immovable property. 3. The petitioners had filed an application for recall of the order which application has been rejected by means of the judgement and order dated 19.09.2025 and the validity of the recall of order has also been assailed by the petitioners. 4. The petitioners had sought recall of the order dated 13.05.2024 on the ground that the opposite party no.1 has executed a perpetual lease of property in favour of the petitioners and it had obtained permission to sell the property concealing this fact. The petitioners had already filed Regular Suit No.1247 of 2024 in the Court of learned Civil Judge, Junior Division, Court No.16, Raebareli against the Secretary of society- Ramkaran Singh, which has been rejected by the learned District Judge. Versus Counsel for Petitioner(s) : Gopesh Tripathi, Hrishabh Singh Counsel for Respondent(s) : C.S.C. Manoj Kumar Singh And 3 Others .....Petitioner(s) I.T.I. Sahakari Awas Samiti Ltd. Raibareli And Another .....Respondent(s) 5. The learned District Judge has granted permission to the opposite party no.1 for transfer of immovable property under Section 5-A of Societies Registration Act which reads as follows: "5-A. Restriction on transfer of property.- (1) Notwithstanding anything contained in any law, contract or other instrument to the contrary, it shall not be lawful for the governing body of a society registered under this Act or any of its members to transfer, without the previous approval of the court, any immovable property belonging to any such society. (2) Every transfer made in contravention of sub-section (1) shall be void." 6. The aforesaid section merely prohibits transfer of property by a society without seeking previous approval from the court. However, the mere grant of approval by the court under Section 5-A of the Societies Registration Act would not affect any claims regarding right, title or interest in any immovable property by any person seeking approval of the court for transfer of property. Therefore, mere grant of approval by the District Judge for transferring the immovable property by the society would not affect the petitioners' rights in respect of the property. The petitioners have already filed a regular suit asserting their rights in respect of the property which is still pending. 7. Accordingly, the petition is disposed of by observing that any observation made by the District Judge in the impugned order granting permission to the society for transferring property would not prejudicially affect the rights of the petitioners and the learned Civil Judge, Junior Division, Court No.16, Raebareli shall decide Regular Suit No.1247 of 2024 in accordance with law without being affected by any observation made in the impugned order granting permission to the society. November 12, 2025 Ram. A227 No. 6548 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench