- (1.) Heard Sri R.P. Dubey, learned counsel for the petitioners, Dr. Y.K. Singh, learned counsel for respondent No. 3 and learned Standing Counsel. With the consent of learned counsel for the parties, the writ petition is taken up for final disposal. This writ petition has been filed for issuing a writ of certiorari quashing the order dated 27.9.2013 passed by the Deputy Registrar, Firms, Societies and Chits, Meerut by which the petitioner has been restrained from operating the account of the Trust. The submission of learned counsel for the petitioner is that the order has only been passed on the legal advice of the District Government Counsel, who himself is appearing for the respondent in the suit pending before the Court below.
(2.) On being confronted as to whether the Deputy Registrar, Firms, Societies and Chits is the competent authority to pass the impugned order, Sri Dubey has not disputed the power, but what has been contended by him is that the power has been exercised arbitrarily without application of mind on the advice of the District Government Counsel.
(3.) Learned Standing Counsel could not show, from the perusal of the impugned order, that any application of mind has been made independently. Further, from the perusal of the order, it reflects that before passing the impugned order, no opportunity was given to the petitioners to defend the case.;