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2025 DAILYLAW 3751 (ALL)

COMMITTEE OF MANAGEMENT SANKIRTAN BHAWAN DHARMIK NYAS (TRUST) AND ANOTHER v. STATE OF U.P. AND 4 OTHERS

WRIC/231/2025 · 2025-01-27

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:14032-DB Court No. - 29 Case :- WRIT - C No. - 231 of 2025 Petitioner :- Committee Of Management Sankirtan Bhawan Dharmik Nyas (Trust) And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Deepak Kumar,Prabhakar Awasthi Counsel for Respondent :- C.S.C.,Kartikeya Saran,Lakshman Tripathi Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Heard Sri Prbhakar Awasthi, learned counsel for the petitioners and Sri Lakshman Tripathi, learned counsel for respondent no.5. This petition has been filed challenging an order passed by Additional Meladhikari, Kumbhmela, Prayagraj, dated 28.12.2024 granting recognition to the 5th respondent as the authorized office bearer of Sankirtan Bhawan Dharmik Nyas Trust which has been allotted a piece of land at Kumbhmela. The order impugned records that recognition of right of 5th respondent shall remain subject to an order passed by the competent Court. It transpires that Sankirtan Bhawan Dharmik Nyas Trust is a society registered under the provisions of the Societies Registration Act, 1860. The petitioner Ramanuj Pandey was the admitted manager of this society till the year 2019. It appears that a claim was set up by 5th respondent based upon an alleged resignation by the petitioner Ramanuj Pandey of his status as manager of the society. Thereafter, 5th respondent secured registration of list of the officer bearers which came to be recognized by the Assistant Registrar (Firms, Societies and Chits) Prayagraj, on 23.06.2023. The order passed by the Assistant Registrar however has been challenged in appeal by the petitioner which has been allowed and the matter has been remitted to the Assistant Registrar for passing of a fresh order by the order of the Divisional Commissioner, Prayagraj, dated 28.11.2024. Pursuant to such order of the Divisional Commissioner, the matter is pending before Assistant Registrar. At this stage, 5th respondent filed Writ-C No.43276 of 2024 which came to be disposed of by the following orders passed on 20.12.2024: "1. Heard learned counsel appearing for the petitioner and learned Standing Counsel appearing for the respondents. 2. This writ petition has been filed for the following reliefs:- "1. Issue a writ, order or direction in the nature of Mandamus directing the respondent no. 2, District Magistrate, Kumbh Mela Pradhikaran, Prayagraj to provide the land as well as amenities in the territory of Kumbh Mela at Prayagraj. II. Issue any other writ, order or direction in suitable nature which this Hon'ble Court may deem fit and proper under the circumstances of the case." 3. Upon hearing learned counsels appearing on behalf of the parties and after perusing the material on record, we direct the District Magistrate, Kumbh Mela Pradhikaran, Prayagraj to decide the application of the petitioner and thereafter pass an order in accordance with law granting permission to the petitioner's society for establishing the camp in the Kumbh Mela within a period of seven days from date. 4. With the above direction, the writ petition is disposed of." Pursuant to this order of the coordinate Bench that Additional Meladhikari, Kumbhmela, Prayagraj has recognized 5th respondent as authorized officer on behalf of the trust. The petitioner contends that 5th respondent has suppressed and concealed the order passed by the Divisional Commissioner dated 28.11.2024 and, therefore, the decision taken by the Additional Meladhikari, Kumbhmela, recognizing the rights of 5th respondent to be delivered possession in the Maghmela as well as providing of services by the State for installment of camp is based on fraud and misrepresentation and such order is liable to be set aside. On the previous occasion when the matter was taken up, we passed the following orders on 24.01.2025: "Petitioner contends that by concealing an order passed by Additional Commissioner dated 28.11.2024, the private-respondent has filed a writ petition relying upon an order passed by the Assistant Registrar dated 23.06.2023 which has already been set aside in appeal. Petitioner otherwise is the outgoing officer bearers. It is submitted that on the strength of suppression and mis-representation the private-respondent has obtained allotment of land in Kumbh Mela. Learned counsel for the respondent no.5 states that order of Additional Commissioner annexed along with the writ petition is not the correct copy of the order and that the complete copy of the order has been withheld. On behalf of the petitioners, it is submitted that this submission made on behalf of the fifth-respondent is factually incorrect. In order to resolve the issue we grant opportunity to learned counsel for the fifth-respondent to produce order, which according to fifth-respondent is the correct order. Put up as fresh at 02.00 P.M. at 27.01.2025. It is made clear that if the statement made on behalf of either of the parties is found false this Court will proceed to impose exemplary cost on either of them." When the matter is taken up today, Sri Lakshman Tripathi states that in the office copy supplied to him, complete copy of the order was not annexed and that before the Court, complete copy of the order has been annexed. He submits his unconditional apology for having raised a doubt with regard to copy of the order annexed. In view of apology made by Sri Tripathi, we may nothing further. Admittedly, the Kumbhmela has begun and allotment of the land has been made to the society through 5th respondent. At this juncture we are, therefore, are not inclined to interfere with the order of the Additional Meladhikari, Kumbhmela, dated 28.12.2024 impugned in the present writ petition. It is however provided that the order of the Additional Meladhikari, Kumbhmela, dated 28.12.2024 will not be construed in any manner as accepting claim of 5th respondent and all issues with regard to determination of the status of office bearers of the Trust will remain open for examination by the Assistant Registrar, at the first instant. With the above clarification, we dispose of the present writ petition. Order Date :- 27.1.2025 rkg Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad