MAHANT SHRI AGAR DAS AND ANOTHER v. STATE OF U.P. AND 9 OTHERS
WRIC/27934/2025 · 2025-08-19
Mayur Jain Jt Registrar J Listing
body2025
DailyLaw.ai
[ 2025 DAILYLAW 87259 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 87259 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:142505 Court No. - 32 Case :- WRIT - C No. - 27934 of 2025 Petitioner :- Mahant Shri Agar Das And Another Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Vibhu Rai Counsel for Respondent :- C.S.C. Hon'ble Chandra Dhari Singh,J.
1. The instant writ petition has been filed seeking for the following reliefs:-
" i. Issue a writ, order or direction in the nature of Mandamus thereby directing Respondent No.3 and Respondent No.10 to get the proceedings pertaining to investigation initiated in pursuance of order dated 09.09.2024 under Section 24 of the U.P. Societies Registration Act 1860 and file a report within a stipulated period of 3 months or such time as may be directed by this Hon'ble Court; ii. Issue a writ, order or direction directing the office bearers of the Society, i.e., Respondent No.5-9, to extend full cooperation to the Respondent No.10 Enquiry Officer/Investigating Authority, and to provide complete access to all documents, records, Minute books, books of accounts, bank details, and other relevant information as may be required during the course of the enquiry conducted by Respondent No. 10 under the aegis of respondent No.3 iii. Issue a writ, order or direction directing the Respondent No. 10 to investigate the affairs of the respondent No.4 society and file the said report within 3 months to this court on the aspect & headings detailed in paragraph 5 of this writ petition relating to administrative & financial irregularity in (a) adoption of resolutions, (b) Kumb Mela, 2013,2021 & 2025, (c) Income & Expenditure of the branches of Akhada and its recommendation, if any; iv. Issue a writ, order or direction restraining the Respondent Nos. 5 to 9 including but limited to passing illegal/forged proceedings/resolutions against the Petitioner and further restrain from acting in contravention of the registered rulesbye-laws, and guiding principles of the Society, until completion of the enquiry; V. Issue a writ, order or direction to appoint an independent Receiver/Administrator to oversee the day-to-day affairs of Respondent No.4 Society, in order to ensure transparency and prevent any interference, tampering or manipulation of the Society's records, documents, and books of accounts, Proceedings/Books for Minutes of meeting by Respondent Nos. 5 to 9."
2. Sri Ashok Khare, learned Senior counsel appearing on behalf of
petitioners on instructions submitted that he want to press only prayer no.1. 3.
Sri Ashok Khare, learned Senior counsel appearing on behalf of petitioners submitted that investigation initiated in pursuance of the order dated 09.09.2024 under Section 24 of the U.P. Societies Registration Act 1860 against the affairs of the society and the same is still pending. It is vehemently prayed that said enqiury may be completed within a reasonable period and the report may be filed thereafter before respondent no.3. It is further submitted that since order of investigation has been passed by respondent no.3 i.e. Assistant Registrar, Firms, Societies & Chits, Prayagraj, therefore, he may be directed to ensure the completion of the said enquiry within a reasonable period. 4. Per contra, Sri G. K. Singh, learned Senior counsel appearing on behalf of respondent nos. 4 to 7 & 9 vehemently opposed the petition on merits but he has no objection for ensuring the completion of enquiry initiated against the affairs of the society under Section 24 of the U.P. Societies Registration Act 1860 as per the order passed by respondent no.3. 5. Heard Sri Ashok Khare, learned Senior Advocate assisted by Sri Vibhu Rai, learned counsel for the petitioners, Sri G. K. Singh, learned Senior Advocate assisted by Sri H. P. Sahi, learned counsel for respondent nos. 4 to 7 and 9, Sri Jitendra Singh, learned Standing counsel appearing on behalf of State-respondents and perused the contents made in the writ petition as well as documents on record. 6. Taking into consideration the submission made by learned Senior counsel appearing on behalf of petitioners and no objection
from learned Senior counsel appearing on behalf of respondent nos. 4 to 7 and 9, I am inclined to allow the aforesaid prayer made by learned senior counsel for the petitioners. 7. The instant writ petition is disposed of with a direction to the respondent no.3-Assistant Registrar, Firms, Societies & Chits, Prayagraj to ensure that enquiry which has been initiated against the affairs of the society in pursuance of the order dated 09.09.2024 shall be completed expeditiously, preferably within a period of three months from the date of receipt of certified copy of this order. Order Date :- 20.8.2025/AKT (Chandra Dhari Singh,J.) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad