PAWAN SIROTHIA AND ANOTHER v. STATE OF UTTAR PRADESH AND 3 OTHERS
WRIC/9200/2025 · 2025-04-04
Saral Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 34288 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 34288 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:48476 Court No. - 32 Case :- WRIT - C No. - 9200 of 2025 Petitioner :- Pawan Sirothia And Another Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- Ashvani Tripathi,Devansh Misra Counsel for Respondent :- C.S.C.,Lokesh Kumar Dwivedi Hon'ble Saral Srivastava,J.
1. Heard Sri Ashok Khare, learned Senior Counsel assisted by Sri Devansh Misra, learned counsel for the petitioners, learned Standing Counsel for respondent nos.1 & 2 and Sri H.N. Singh, learned Senior Counsel assisted by Sri Lokesh Kumar Dwivedi,
learned counsel for respondent nos.3 & 4.
2. The petitioners by means of the present writ petition have assailed the order dated 03.03.2025 passed by the respondent no.2-Assistant Registrar, Firms, Societies and Chits, Jhansi.
3. Sri H.N. Singh, learned Senior Counsel for the respondents states that respondents do not propose to file any counter affidavit and states that the matter may be decided at this stage.
4. Challenging the aforesaid order, learned Senior Counsel for the petitioners has contended that it is not disputed that petitioners were members of the Society as it is evident from the order dated 29.12.2021 passed by the Assistant Registrar determining the electoral college. It is submitted that on some complaints, the Assistant Registrar has passed an order deciding the dispute of membership against the petitioners and cancelled the membership of petitioners.
5. It is contended that impugned order has been passed without giving any notice and opportunity of hearing to the petitioner. In this respect, necessary averments have been made in paragraph nos.31 & 32 of the writ petition.
6. Since, learned Senior Counsel for the respondents states that respondents do not propose to file any counter affidavit, and averments made in paragraph nos.31 & 32 of the writ petition are unrebutted, therefore, they are being treated to be correct and true.
7. Since, the impugned order has been passed without giving any notice and opportunity of hearing to the petitioners,
therefore, impugned order being in violation of principles of natural justice cannot be sustained in law and is accordingly set aside.
8. The matter is remitted to the respondent no.2-Assistant Registrar, Firms, Societies and Chits, Jhansi to decide the dispute afresh after giving due notice and opportunity of hearing to all the concerned parties.
9. It is made clear that this order is confined to petitioner nos.1 & 2.
10. Accordingly, the writ petition is allowed subject to the observations made above. There shall be no order as to costs.
Order Date :- 5.4.2025 Sattyarth Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad