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2025 DAILYLAW 21632 (ALL)

ASHOK YADAV AND ANOTHER v. STATE OF U.P. AND 5 OTHERS

WRIC/5995/2025 · 2025-02-27

Saral Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:28457 Court No. - 32 Case :- WRIT - C No. - 5995 of 2025 Petitioner :- Ashok Yadav And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Prabhakar Awasthi,Shankar Lal Counsel for Respondent :- C.S.C.,Om Prakash Singh Hon'ble Saral Srivastava,J. 1. Heard Sri Prabhakar Awasthi, learned counsel for the petitioners, learned Standing Counsel for respondents nos.1 to 3 and Sri Om Prakash Singh, learned counsel for the respondent no.4. 2. The petitioners by means of the present writ petition have assailed the orders dated 27.12.2024 and 31.12.2024 passed by the Prescribed Authority/Sub Divisional Officer, Sadar, District Azamgarh. 3. A preliminary objection has been raised by learned counsel for the respondents that against the orders impugned, petitioners have effective alternative remedy of filing appeal under Section 25 (d) of the Societies Registration Act, 1860, and therefore, the writ petition is not maintainable. 4. Sri Prabhakar Awasthi, learned counsel for the petitioners submits that the finding of the Prescribed Authority with regard to the fact that the three members namely Shivganesh Das, Ashok Yadav and Namwar Chauhan have not been inducted in accordance with bye-laws of the Society, is contradictory inasmuch as on the one hand the Prescribed Authority records a finding that they are the members of the Society and on other hand the Prescribed Authority holds that they have not been validly inducted. 5. Be that as it may, the contention advanced by Sri Prabhakar Awasthi, learned counsel for the petitoners can very well be looked into by the Prescribed Authority who is empowered to re- appreciate the finding of fact, therefore, this Court is not inclined to interfere with the impugned orders at this stage considering the fact that the disputed questions of facts are involved in the present writ petition. 6. In such view of the fact, the writ petition is dismissed on the ground of alternative remedy. In case the petitioner prefers an appeal within a period of one month from today before the Appellate Authority, he shall consider and decide the same on merit without entering into the question of limitation. 7. In case petitioners prefer any stay application before the Appellate Authority, the Appellate Authority is expected to consider the same in accordance with law. Order Date :- 28.2.2025 Sattyarth Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad