R.R.YADAV, J. - (1.) HEARD the learned Counsel for the petitioner, learned Standing Counsel appearing on behalf of respondent No. 1 and Sri P.K. Misra, learned Counsel appearing on behalf of respondent No. 2.
(2.) ALTHOUGH the present writ petition is posted today for admission but with the consent of the learned Counsel for the parties, I propose to dispose it of finally at admission stage on merit. The petitioner, Ajay Kumar Srivastava filed the present writ petition questioning the legality and validity of the order dated 6 -7 -2001, Annexure -5 to the writ petition, passed by Assistant Registrar, Firms, Societies and Chits, Gorakhpur on the ground inter alia that on the basis of the finding recorded by the respondent No. 1, the matter ought to have been referred to the Prescribed Authority under Section 25 of the Societies Registration Act, 1860. It is submitted by the learned Counsel for the Petitioner, Sri Pradeep Verma that the respondent No. 2 has committed serious error in recognising the annual list of managing body submitted by the respondent No. 2.
(3.) THE aforesaid argument raised by learned Counsel for the petitioner, Sri Pradeep Verma is refuted by Sri P.K. Misra, learned Counsel appearing on behalf of respondent No. 2. It is submitted by Sri Misra that earlier a writ petition was filed against the aforesaid illegal action relating the list of the office bearers submitted by answering respondent No. 2. The aforesaid writ petition was numbered as Civil Misc. Writ Petition No. 16129 of 2001. The learned Judges constituting Division Bench, on 30 -4 -2001 after hearing the learned Counsel for the parties and taking their submissions into account disposed of the writ petition with a direction that objection filed by the petitioner on 17 -4 -2001 before respondent No. 1 shall be considered and disposed of in accordance with law by respondent No. 1, Assistant Registrar, Firms, Societies and Chits, U.P. Gorakhpur within a period of six weeks from the date of communication of this order. In pursuant of the aforesaid order dated 30 -4 -2001 passed by the learned Judges constituting Division Bench in the aforesaid writ petition, the respondent No. 1 has approved the list submitted by the answering respondent No. 2 after analytical discussion of the materials placed before him. The respondent No. 1 has committed no error in passing the order impugned.;