HIGH COURT OF JUDICATURE AT ALLAHABAD SPECIAL APPEAL DEFECTIVE No. - 488 of 2025 Chief Justice's Court HON'BLE ARUN BHANSALI, CHIEF JUSTICE HON'BLE KSHITIJ SHAILENDRA, J. 1. This appeal is directed against orders dated 17.10.2022 passed in Writ- C No. 31341 of 2022 whereby the writ petition filed by the appellant against order dated 13.04.2022 passed by the Assistant Registrar, Firms, Societies and Chits, Gorakhpur on account of the appellant having remedy to file a suit before the appropriate court, was dismissed and order dated 30.05.2025 passed in Civil Misc. Review Application No. 450 of 2024 whereby the learned Single Judge, though came to the conclusion that delay of 682 days in filing the review application was not satisfactorily explained, however, finding no substance in the review application and therefore, dismissed the same. 2. The writ petition was filed against order dated 13.04.2022 passed by the Assistant Registrar whereby he refused to recall the order dated 18.03.2021 whereby grievances of the appellant were rejected by the Assistant Registrar. 3. When the matter came up before the learned Single Judge on 17.10.2022, the learned Single Judge noticed that the issue related to membership of the general body of the Society which is an issue of fact and writ proceedings are not the appropriate remedy in such cases. It was further observed that the appellant has a remedy to file a suit before the appropriate Court and for the said reasons, the petition was dismissed. 4. It appears that the appellant neither questioned the validity of order dated 17.10.2022, nor filed the suit as observed by learned Single Judge. Versus Counsel for Appellant(s) : Deepak Kumar, Prabhakar Awasthi Counsel for Respondent(s) : C.S.C., Rajiv Singh (S.C.) Malti Devi .....Appellant(s) State of U.P. and 2 others .....Respondent(s) However, when another order dated 22.06.2024 was passed by the Assistant Registrar in relation to the Society holding in favour of the appellant, the said order dated 22.06.2024 was challenged by the Committee of Management by filing Writ-C No. 28090 of 2024, the writ petition came to be allowed by order dated 04.09.2024 inter alia on the ground that the Assistant Registrar, almost on the identical complaint made by the appellant, had rejected the same by order dated 18.03.2021 and has now taken a u-turn which amounts to review of its earlier order for which there was no provision under the statute empowering the Assistant Registrar to review its own order. 5. After passing of the order dated 04.09.2024, it occurred to the appellant to file a review application against order dated 17.10.2022 which was barred by 682 days. As noticed, the review application was dismissed by observing that the delay was not satisfactorily explained and that the order did not call for any review. 6. Aggrieved of the said order of rejection of the review application, the appellant has chosen to challenge the order dated 17.10.2022 passed on the writ petition as well as the order dated 30.05.2025 passed on review application by way of this appeal. 7. The office has reported the appeal as barred by 14 days, which delay apparently has been calculated from the order dated 30.05.2025, whereas as the order dated 17.10.2022 is also under challenge in the present appeal, the delay should have been calculated from the said date, which makes the present appeal barred by almost 2 years 9 months. 8. As noticed, the appellant neither questioned the dismissal of the writ petition on 17.10.2022 nor followed the direction indicated therein and got favourable order from the Assistant Registrar which was found to be without jurisdiction by learned Single Judge which led to filing of the review application, which action of the appellant cannot justify the delay in filing the appeal from the order dated 17.10.2022 as the action of filing appeal is only by way of an afterthought on failure of attempt to get the order passed by the Assistant Registrar sustained. 9. Besides the above, it is surprising that when the appellant filed Writ-C SPLAD No. 488 of 2025 2 No. 31341 of 2022, the Committee of Management was not impleaded as party respondent, even in the review application, no prayer in that regard was made and in the present appeal also, the Committee of Management has neither been impleaded as a party nor a prayer in this regard has been made. 10. The absence of Committee of Management in a challenge laid to the order passed by the Assistant Registrar is fatal and for non impleadment of necessary party, the writ petition even otherwise was not maintainable. 11. In view of the above fact-situation, we do not find any reason to entertain the present special appeal, both on ground of inordinate delay of over 2 and a half years and non maintainability of the writ petition itself. 12. Consequently, the appeal has no substance, the same is therefore, dismissed. September 1, 2025 AHA SPLAD No. 488 of 2025 3 (Kshitij Shailendra, J.) (Arun Bhansali, CJ.) Digitally signed by :- AFZAL HUSAIN ABBASI High Court of Judicature at Allahabad