Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 32921 (ALL)

COMMITTEE OF MANAGEMENT, GRAMYA PARISHAD CHAKSHYAM, KIRAON PRAYAGRAJ AND ANOTHER v. STATE OF U.P. AND 11 OTHERS

WRIC/8819/2025 · 2025-04-28

Saral Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:66079 Court No. - 32 Case :- WRIT - C No. - 8819 of 2025 Petitioner :- Committee Of Management, Gramya Parishad Chakshyam, Kiraon Prayagraj And Another Respondent :- State Of U.P. And 11 Others Counsel for Petitioner :- Abhishek Bhushan Counsel for Respondent :- C.S.C.,Prabhakar Awasthi Hon'ble Saral Srivastava,J. 1. Heard Sri Anil Bhushan, learned Senior Advocate assisted by Sri Abhishek Bhushan, learned counsel for the petitioner, learned Standing Counsel for respondent nos.1 & 2 and Sri Prabhakar Awasthi, learned counsel for the caveator. 2. The petitioner by means of the present writ petition has assailed the order dated 02.01.2025 passed by the respondent no.2- Assistant Registrar, Firms, Societies and Chits, Prayagraj. 3. Sri Prabhakar Awasthi, learned counsel for the respondents states that respondents do not propose to file counter affidavit and states that writ petition ma be decided at this stage. 4. Challenging the aforesaid order, a short submission has been advanced by the learned Senior Counsel for the petitioner that the order impugned approving the list of members of the Society namely 'Gramya Parishad Chakshyam, Kiraon Prayagraj' is non- speaking and without application of mind, therefore, order impugned cannot be sustained in law and deserves to be set aside. 5. Be that as it may, the order impugned dated 02.01.2025 reads as under:- " उपररक ववषयक आप ददरद पसततत धदरद 4 बब कक पपतत कक आधदर पर सरसदइटब कक सदधदरण सभद ससचब वषर 2024-25 सर० पपजब० अधध० कक धदरद 4 (बब) कक अनतररत अनतमरवदत कक जदतब हह। । आप ददरद पसततत पपतत मम करई तथय वछपदनक यद रलत तथय पसततत वकयक जदनक कक बदत भववषय मम पकदश मम आतब हह तर इसकद पसणर उतरददवयतव आपकद हररद। अनतमरवदत ससचब 2024-2025 अनतमरदन कक वतधथ सक अमदनय एवप ववधधशसनय हररब।" 6. Sri Prabhakar Awasthi, learned counsel for the respondents could not demonstrate from the impugned order that the Assistant Registrar while finalizing the list of members of the Society under Section 4(B) of the Societies Registration Act has recorded any finding about the validity of the members. 7. In such view of the fact, the impugned order cannot be sustained in law and is hereby set aside. 8. The matter is remitted to the respondent no.2-Assistant Registrar, Firms, Societies and Chits, Prayagraj to decide the list of members of the Society strictly in accordance with law by reasoned and speaking order within a period of one month from the date of production of certified copy of this order after giving due notice and opportunity of hearing to all the concerned parties. 9. For the reasons given above, the writ petition is allowed with no order as to costs. Order Date :- 29.4.2025 Sattyarth Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad