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2026 DAILYLAW 8640 (ALL)

KAILASH AND 8 OTHERS v. STATE OF UTTAR PRADESH AND 3 OTHERS

WRIC/38432/2026 · 2026-09-22

Vinod Diwakar

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 38432 of 2026 Court No. - 38 HON'BLE VINOD DIWAKAR, J. 1. Heard Shri Devansh Mishra, learned counsel for the petitioners, Shri Prabhakar Awasthi, learned Senior Counsel, assisted by Shri Deepak Kumar, learned counsel for the respondents, Shri Jitendra Singh, learned Standing Counsel for the State-respondents, and perused the record. 2. The present petition has been preferred assailing the impugned order dated 14.07.2026 passed by the Deputy Registrar, Firms, Societies and Chits, Gorakhpur Division, Gorakhpur, whereby the petitioner's right to participate in the meeting of the governing body has been denied, by declaring the society's membership as time-barred. 3. Shri Devansh Mishra, learned counsel for the petitioners, states that the Deputy Registrar has failed to take into account the findings recorded by the Civil Court in Suit No.636 of 2026, wherein the petitioner had moved an application under Order XXXIX Rules 1 & 2 of the Code of Civil Procedure, 1908, seeking injunction against the implementation of the proceedings of the Agenda, annexed as Annexure-9 to the writ petition. He further submits that after hearing learned counsel for the parties therein, the Civil Court had directed the Pipiganj Educational Society, Pipiganj, Gorakhpur, to allow the petitioner to participate in the activities of the society, including the conduct of and participation in the election, and had further held that the society could not cancel the petitioner's name from the membership register. In view thereof, learned counsel submits that the impugned order, having been passed in disregard of the aforesaid findings of the Civil Court, is erroneous in law and liable to be set aside. Versus Counsel for Petitioner(s) : Ajit Narain Mishra, Ashutosh Srivastava, Devansh Misra Counsel for Respondent(s) : C.S.C. Kailash And 8 Others .....Petitioner(s) State Of Uttar Pradesh And 3 Others .....Respondent(s) 4. Per contra, Shri Prabhakar Awasthi, learned Senior Counsel for the private respondents, states that the order of the Civil Court has been obtained by the petitioner in collusion with respondent no.4-Dr. Badruddin. It is submitted that the society was not made a party to the said proceedings, the order of the Civil Court was never intimated to the Deputy Registrar, and the entire exercise appears to have been undertaken in collusion, so as to circumvent the administrative proceedings pending before the Deputy Registrar. 5. Shri Jitendra Singh, learned Standing Counsel, states that the impugned order was passed by the Deputy Registrar on an independent examination of the record and the affairs of the society, and since the Deputy Registrar was not impleaded as a party in the civil suit, the findings recorded therein could not have been taken into consideration while passing the impugned order. 6. Having heard learned counsel for the parties, this Court is of the view that it is a settled position in law that the findings recorded by a Civil Court have a binding effect on statutory proceedings, unless and until such findings are set aside by the appellate court. This Court, exercising jurisdiction under Article 226 of the Constitution of India, cannot examine the validity or correctness of the findings recorded by the Civil Court in Suit No.636 of 2026, that being a matter to be agitated, if at all, before the appropriate forum in accordance with law. 7. However, since the impugned order has admittedly been passed without adverting to the findings of the Civil Court, the same cannot be sustained. Accordingly, the impugned order dated 14.07.2026 is set aside, with a direction to the Deputy Registrar, Firms, Societies and Chits, Gorakhpur Division, Gorakhpur, to pass a fresh order, after taking into consideration the findings recorded by the Civil Court in Suit No.636 of 2026, as also the objections raised by the private respondents regarding collusion and non-impleadment, within a period of one month from the date of production of a certified copy of this order. 8. All the parties who are likely to be affected shall be afforded an opportunity of hearing by the Deputy Registrar, Firms, Societies and Chits, Gorakhpur Division, Gorakhpur, before a fresh order is passed. 9. The present petition is disposed of with liberty to the petitioners, as also to the private respondents, to raise all contentions available to them in law WRIC No. 38432 of 2026 2 before the Deputy Registrar, Firms, Societies and Chits, Gorakhpur Division, Gorakhpur. September 23, 2026 Anil K. Sharma WRIC No. 38432 of 2026 3 (Vinod Diwakar,J.) Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad