R.K.Agarwal, J. - (1.) This special Appeal has been preferred against the judgment and order dated 18-1-2002, passed by the learned Single Judge, in Civil Misc. Writ Petition No. 3207 of 2002 wherein the learned Single Judge has held that an appeal lies before the commissioner of the Division concerned under Section 12-D(2) of the Societies Registration Act (hereinafter referred to as the Act) and if an appeal is preferred against the order dated 29-1-2002, impugned in the aforesaid writ petition, within for night from the date of issuance of a certified copy of this order, the learned Divisional Commissioner shall dispose of the same expeditiously, preferably within a period of three months after giving opportunity of hearing to the petitioner as well as to other necessary parties including the caveator respondent no.4 in the writ petition.
(2.) We have heard Shri Arun Tandon, learned counsel for the appellants-writ petitioners and Shri Vashistha Tiwari learned counsel for the respondents No. 4 and 5 and the learned standing counsel for the respondents No. 1, 2 and 3.
(3.) Succinctly, facts of the case are that Madarsa Arabia Mishbahul Uloom, Ahmad Nagar, Rampur Mahuabari, Tahsil and district Deoria has been registered as a Society, under the provisions of the Act on 6-7-2001 of which the appellant writ petitioner No. 2 is alleged to be the Manager/Secretary. It appears that there was already a Society, registered in the name of Madarsa Arabia Mishbahul Uloom Ahmad Nagar, Rampur, Mahuabari Deoria. On an objection raised by one Shri Aftab Alam, the Assistant Registrar Firms Societies and Chits, Gorakhpur, issued notice to the appellants-writ petitioners on 1-12-2001 informing them that the registration granted in their favour was liable to be cancelled under Section 12-D(1) of the Act in as much as a society in the name and style is already existing. The appellants-writ petitioners asked for a copy of the said objection which according to them, had not been supplied to them though they submitted their explanation. The Assistant Registrar, respondent No.1, vide order dated 29-1-2002, cancelled the registration of the appellant-writ petitioners' Society. Shri Aftab Alam has got issued an order from the District Minority Welfare Officer, Deoria, on 2-1-2002 directing the single operation of the accounts of the Institutiton and recognizing him as manager of the Institution.;