ARUN TANDON, J. - (1.) HEARD Sri Vishnu Gupta, learned Counsel for the petitioner, Sri Ashok Khare, Senior Advocate assisted by Sri A.K. Dixit, Sri K.G. Khare, learned Counsel for the Respondent. No. 4 and Sir Piyush Shukla, learned Standing Counsel for the Respondent Nos. 1 to 3.
(2.) THERE is a society duly registered under the Societies Registration Act, 1860 in the name and style of Janta Madhyamik Vidyalaya Samiti, Mohamadabad, Tehsil Bidhuna. Etawah. The said society has established a junior high school in the same name and style, and is recognised under the provisions of Uttar Pradesh Basic Education Act. The said society was originally registered in the aforesaid name on 18th August, 1964 bearing Registration No. 378/1964 -65, File No. 1 -13495. At the relevant time Sri Ram Murti was the President and Sri Raghubar Dayal was the life manager of the said society. According to the petitioner, namely, Sri Raghubar Dayal, for the purposes of registration of certain changes in the aims and objects of the society, a letter was forwarded by the manager Sri Raghubar Dayal to the Registrar, Societies, Firms and Chits, Lucknow Respondent No. 2. The Registrar in turn by his letter dated 2nd July, 1974 informed the petitioner that under the provisions of Societies Registration Act, 1860 as were applicable, no change was possible in the aims and objects of the Society and, therefore, advised the petitioner to get a new society registered in the same name and style with changed aims and objects. Accordingly, a new Society was got registered in the same name and style bearing No. 3687/] -2880 dated 9th January, 1973. The renewal to the said new society was granted from time to time and the last renewal was done for the period 10.10.1985 to 10.10.1990.
(3.) RESPONDENT No. 4 Sri Maharaj Singh Yadav, however, moved an application before the Assistant Registrar, Societies, Firms and Chits, Kanpur, Respondent No. 3 claiming therein that the original registration of the said Society bearing Registration No. 378/1964 -65 on File No. 1 -13495 dated 18th August, 1964 be renewed and the new registration of the said society in the same name and style, as has been done under Registration No. 3687/1 -2880 dated 9th January, 1973 be cancelled. The Assistant Registrar on receipt of the said application of the Respondent No. 4, Sri Maharaj Singh Yadav, issued notices to the parties and after affording opportunity of hearing to the parties concerned by means of the order dated 12th February, 1992 in exercise of power under Section 12 -D(1) of the Societies Registration Act, 1860 revoked the registration of the new Society bearing Registration No. 3687/1 -2880 dated 9th July, 1973 and directed that the original registration of the Society bearing Registration No. 378/1964 -65, file No. 1 -13495 dated 18th August, 1964 be renewed.;