Neutral Citation No. - 2025:AHC:63467-DB Court No. - 21 Case :- SPECIAL APPEAL DEFECTIVE No. - 292 of 2025 Appellant :- Kanpur Anusuchit Jati Seva Sansthan Respondent :- The Union Of India And 3 Others Counsel for Appellant :- Chandra Dutt Counsel for Respondent :- A.S.G.I.,C.S.C.,Rajesh Tripathi Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. Order on the Delay Condonation Application 1. Heard counsel for the parties. 2. The delay in filing the appeal has been sufficiently explained. 3. Accordingly, the delay condonation application is allowed. 4. Office is directed to allocate a regular number to the appeal. Order on the Memo of Appeal 1. Heard counsel for the parties. 2. The instant intra-court appeal is directed against the order of learned Single Judge dated 4.3.2025 in Writ Petition No. 25413 of 2008 whereby the writ petition filed by the appellant has been dismissed on the ground that the petitioner had not disclosed its locus to file the writ petition and claim reliefs prayed for therein. The writ petition was filed by the appellant for the following reliefs: - "(a). Issue a writ, order or direction in the nature of mandamus directing the respondents to release the grants-in-aid in favour of the petitioner as second instalment of the year 2001-2002, entire instalment of the year 2002-2003 as well as the entire amount of the instalment of the year 2003-04 and the second instalment of the year 2004-2005 (Annexure No.10 to the writ petition). (b). Issue a writ, order or direction in the nature of mandamus directing the respondents to decide the representation of the petitioner pending before the concern respondent authorities within stipulated period as directed by this Hon'ble Court. (c). Issue any other writ, order or direction in the nature of which this Hon'ble Court may deem fit and proper in the circumstances of the case. (d). Award the cost of the petition to the petitioner." 3. Learned counsel for the appellant submits that the appellant is a registered society which is running an educational institution. He submits that initially registration of the society was in the name of Kanpur Harijan Jati Seva Sansthan, but subsequently, in view of amendment in the Societies Registration Act prohibiting use of name of any caste or religion in the name of the society, the petitioner-society also got its name changed to Kanpur Anusuchit Jati Seva Sansthan. He submits that registration certificate dated 7.4.2025 evidencing the said fact has been annexed with the instant appeal. He further submits that the writ petition was filed with the grievance that the respondents have withheld certain installments of the grant-in-aid payable to the poor students belonging to scheduled castes and scheduled tribes. In support of the submission, learned counsel for the petitioner has placed reliance on the averments made in paragraphs 1 and 3 of the writ petition. It is submitted that the aforesaid pleadings are sufficient to disclose the locus of the petitioner in preferring the writ petition and therefore, the writ petition has been wrongly dismissed. Paragraphs 1 and 3 of the writ petition are as follows: - "1. That, this is the first writ petition on behalf of the seeking a direction to the respondents to release the grants to the petitioner Society because the respondents have not released the second instalment of the year 2001-02, entire grants of the year 2002-03 and 2003-2004 and the second instalment of the year 2004-05 to run and maintain the residential school for the poor students belonging to Schedule Casts and Schedule Tribes and no other writ petition is pending before this Hon'ble Court against the same cause of action. 3. That, the petitioner is a registered Society with the Registrar of the Society U.P. with effect from 19.07.1978 upto date the Society is being run in accordance with law." 4. Along with the writ petition, the petitioner annexed an order dated 24.3.2005 by Government of India, Ministry of Social Justice and Empowerment, whereby 1st installment of the grant for the year 2004-2005 was sanctioned in favour of Kanpur Harijan Jati Seva Sansthan, Kanpur, U.P. It also appears that the petitioner had annexed with the writ petition several representations made to the authorities from time to time referring to the orders by which grant-in-aid was sanctioned during the previous years and grievance was made regarding non-payment of various installments. 5. In our opinion, the aforesaid facts are sufficient to indicate the locus of the petitioner to put forth the claim for arrears of grant-in-aid. 6. As the writ petition has been dismissed solely on the ground of locus, therefore, we are not entering into the merit of the claim of the petitioner. 7. As we find that locus was sufficiently disclosed, therefore, the order of learned Single Judge dated 4.3.2025 is hereby set aside. The writ petition is restored to its original number for being decided on merits in accordance with law. 8. The appeal stands allowed with the aforesaid observations. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 25.4.2025 Jaideep/- Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad