Arun Tandon, J. - (1.) Heard Sri Ashok Khare Senior Advocate, assisted by Sri S.C. Dwivedi, on behalf of the petitioners, Standing Counsel on behalf of respondents 1, 2, 3 and 4. Sri Adeel Ahmad Khan Advocate has been heard on behalf of caveator, Sri Amar Nath Misra.
(2.) Ganesh Shankar Vidyarthi Smarak Inter College, Maharajganj is a Society registered under the Societies Registration Act. Dr. Balram Bhatt claiming himself to be the President/Manager of the said Society has filed this writ petition against the order dated 9.7.2004 passed by the Commission, Gorakhpur Division, Gorakhpur in Appeal No. 117-G/1996 (Ganesh Shanker Vidyarthi Smarak, Inter College v. Deputy Registrar, Firms, Societies and Chits, Faizabad)
(3.) The relevant facts for adjudication of the controversy raised in the present writ petition are that certain objections were filed by Amar Nath Misra pertaining to continuation of certain office bearers of the Society. The objections so filed were pending consideration before the Assistant Registrar, Gorakhpur. However, on an application made the Registrar transferred the said proceedings to the Deputy Registrar, Firms, Societies and Chits, Faizabad. The Deputy Registrar, Faizabad rejected the objections filed by Sri Amar Nath Misra by means of order dated 19.6.1996 in case No. 664. Against the said order of the Deputy Registrar, Faizabad an appeal, being Appeal No. 117-G/1996 has been filed before the Commissioner, Gorakhpur Division, Gorakhpur. In this appeal a preliminary objection has been raised on behalf of the petitioners that the proceedings were legally not maintainable before the Commissioner, Gorakhpur Division, Gorakhpur inasmuch as the order under challenge has been passed by the Deputy Registrar, Faizabad and therefore, appeal against the said order can be filed/ entertained by the Commissioner, Faizabad Division, Faizabad only. The aforesaid preliminary objection raised on behalf of the petitioners has been rejected by the Commissioner, Gorakhpur Division, Gorakhpur by means of order dated 19.7.2004, hence this writ petition.;