COMMITTEE OF MANAGEMENT DR. RAJENDRA PRASAD MADHYAMIK VIDYALAYA BARWAN RATANPUR AND ANOTHER v. STATE OF U.P. AND 4 OTHERS
WRIC/15596/2025 · 2025-05-16
Jayant Banerji
body2025
DailyLaw.ai
[ 2025 DAILYLAW 57788 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 57788 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:82002 Court No. - 7 Case :- WRIT - C No. - 15596 of 2025 Petitioner :- Committee Of Management Dr. Rajendra Prasad Madhyamik Vidyalaya Barwan Ratanpur And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- K.K.Rao,Mahendra Singh,Sr. Advocate Counsel for Respondent :- C.S.C.,Grijesh Tiwari Hon'ble Jayant Banerji,J.
1. A preliminary objection has been raised by the learned counsel appearing for the respondent no.5 as to the maintainability of this petition in view of availability of an alternative remedy under Section 25(1)(d) of the Societies Registration Act, 1860.
2. Though Shri Ashok Khare, learned Senior Advocate, appearing for the petitioners admits availability of the alternative remedy, however, states that the findings of the Prescribed Authority are perverse and, therefore, the interference in this petition is called for.
3. Though this Court can interfere in a matter where there is a perversity involved, however, there appear to be certain disputed questions of fact involved in the matter that can best be dealt with by the appellate authority constituted under clause (d) of sub- section (1) of Section 25 of the Act, 1860.
4. This petition is, therefore, disposed of leaving it open to the petitioners to prefer an appeal before the Commissioner of Division in terms of Section 25(1)(d) of the Act, 1860. Order Date :- 17.5.2025 SK (Jayant Banerji, J.) Digitally signed by :- SUSHEEL KUMAR High Court of Judicature at Allahabad