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2025 DAILYLAW 74656 (ALL)

COMMITTEE OF MANAGEMENT, SANKIRTAN BHAWAN DHARMIK NYAS (TRUST) AND 2 OTHERS v. STATE OF U.P. AND 2 OTHERS

WRIC/22809/2025 · 2025-07-16

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:115917 Court No. - 32 Case :- WRIT - C No. - 22809 of 2025 Petitioner :- Committee Of Management, Sankirtan Bhawan Dharmik Nyas (Trust) And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Deepak Kumar,Prabhakar Awasthi Counsel for Respondent :- C.S.C. Hon'ble Chandra Dhari Singh,J. 1.Present petition has been filed seeking following reliefs:- " i. Issue a writ, order or direction in the nature of Certiorari calling for the records of the case and to quash the impugned order dated 28.04.2025 passed by the Assistant Registrar, Firms, Societies and Chits, Prayagraj (Annexure No.1 to the writ petition). ii. Issue a writ, order or direction in the nature of Certiorari calling for the records of the case and to quash the impugned order dated 09.06.2025 registering the list of office bearers in terms of Section 4 (1) of the Societies Registration Act, 1860 (Annexure No.2 to the writ petition). iii. Issue a writ, order or direction in the nature of Mandamus commanding the Assistant Registrar, Firms, Societies and Chits, Prayagraj to make an adjudication in regard to electoral college strictly as per Clause-5 of Bye- Laws of the Society and thereby may hold election under Section 25 (2) of the Societies Registration Act, 1860." 2. Sri Prabhakar Awasthi, learned counsel appearing on behalf of petitioners after arguing at some length made innocuous prayer for seeking liberty to file objection before the respondent no.2 Assistant Registrar, Firms, Societies and Chits, Prayagraj against the order dated 09.06.2025. It is also prayed that respondent no.2 may be directed to decide the said objection after hearing all the effected parties in accordance with law expeditiously. 3. Sri Lakshman Tripathi, learned counsel appearing in advance accepted notice on behalf of respondent no.3 vehemently opposed the writ petition on merit but he has no objection to the innocuous prayer as made by learned counsel for the petitioners. 4. Taking into consideration the submissions made by learned counsel for the petitioners, without entering into the merits of the case, I am inclined to allow the innocuous prayer made by learned counsel for the petitioners to which learned Counsel appearing on behalf of respondent no.3 has no objection. 5. Heard Sri Prabhakar Awasthi, learned counsel for the petitioners, Sri Awadhesh Mishra, learned Standing counsel for the State-respondents, Sri Lakshman Tripathi, learned counsel for the respondent no.3 and perused the contents made in the petition. 6. Taking into consideration the innocuous prayer made by learned counsel for the petitioners without entering into the merits of the petition, the writ petition is disposed of with a direction to the petitioners to file objection against the order dated 09.06.2025 within two weeks before respondent no.2 Assistant Registrar, Firms, Societies and Chits, Prayagraj along with certified copy of this order and after receiving the said objection, the respondent no.2 is directed to decide the the same after hearing all the effected parties in accordance with law expeditiously preferably maximum within a period of six weeks thereafter. Order Date :- 17.7.2025 AKT (Chandra Dhari Singh, J.) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad