- (1.) Heard Sri G.K. Singh, Advocate on behalf of Brikesh Kumar Pathak and the faction led by him, Sri Rajeev Mishra, Advocate on behalf of Pradeep Kumar Pathak and the faction led by him and the Standing Counsel on behalf of respondent Nos. 1 to 4. Sri Rajeev Mishra, Counsel for the applicant seeking impleadment, namely Madan Mohan Pandey in both the writ petition has informed the Court that Rama Shankar Singh and Amar Nath Mishra have been expired.
(2.) Shiksha Parishad, Nagwa, District-Ballia is a society duly registered under the Societies Registration Act. The society runs and manages an institution in the name and style of Shaheed Mangal Pandey Inter College, Nagwa, Ballia. The society has been running the institution peacefully till the issuance of an order by the Assistant Registrar dated 23.4.1977, whereby 6 societies were amalgamated. The order of amalgamation was withdrawn on 25.8.1992. At this stage three sets of claims for renewal of the registration of the original society were set up by (a) Nagendra Kumar Pathak (in short N.K. Pathak), (b) Shambhu Narayan Pathak (in short S.N. Pathak) and (c) Pradeep Kumar Pathak (in short P.K. Pathak).
(3.) Writ Petition No. 32640 of 1992 was filed by one Manager Singh challenging the order of Assistant Registrar, whereby amalgamation was withdrawn. The writ petition was allowed on 21.7.1993 and the matter was directed to be examined by the Assistant Registrar afresh. The Assistant Registrar under order dated 4.4.1995 held that the amalgamation was bad. He proceeded to renew the registration of the original societies. An appeal was filed against the said order by Amar Nath Mishra before the Commissioner, which was allowed vide order dated 23.8.1995 and the matter was remanded to the Assistant Registrar. This resulted in Writ Petition No. 26515 of 1995 being filed by N.K. Pathak. Another Writ Petition No. 29192 of 1995 was filed by Amar Nath Mishra against the order of the Assistant Registrar dated 4.4.1995 holding the amalgamation to be bad.;