MANAGING COMMITTEE SHIKSHA PARISHAD Vs. ASSISTANT REGISTRAR FIRMS CHITS AND SOCIETIES
LAWS(ALL)-2004-12-186
HIGH COURT OF ALLAHABAD
Decided on December 08,2004

MANAGING COMMITTEE, SHIKSHA PARISHAD Appellant
VERSUS
ASSISTANT REGISTRAR FIRMS, CHITS AND SOCIETIES Respondents

JUDGEMENT

V.C. Misra, J. - (1.) Shri S.N. Srivastava, learned Counsel for the petitioners, Shri N.L. Srivastava, learned Counsel for the Respondent Nos. 3 and 4 and the learned Standing Counsel are present.
(2.) This writ petition has been filed seeking relief by way of a writ, order or direction in the nature of certiorari for quashing the impugned order dated 13.10.1997 (Annexure 17 to the writ petition) passed by Respondent No. 1, with further relief in the nature of mandamus commanding the respondents not to interfere in the peaceful functioning of the Managing Committee of Shiskha Parishad, Nagwa, district Ballia on the basis of the impugned order dated 13.10.1997.
(3.) The facts of the case in brief are that the petitioner had filed Writ Petition No. 25273 of 1994 for a direction to the Assistant Registrar, Firms, Chits and Societies-Respondent No. 4 to decide the matter relating to renewal of registration of Shiksha Parishad, Nagwa, district Ballia. Since it had not complied with the directions dated 21.7.1993 issued by this Court earlier in Writ Petition No. 32640 of 1992 this Court disposed off the Writ Petition No. 25273 of 1994 with the direction that the authority concerned will decide the dispute finally and expeditiously as possible and also pass final orders on the renewal application in accordance with law. In pursuance of the said order, the Registrar moved an application before this Court seeking permission to delegate his authority, which was allowed and the Deputy Registrar concerned was delegated the work to decide the same vide its order dated 4.4.1995 in favour of the petitioner. The Respondent No. 4 being aggrieved by the said order filed an appeal before the Commissioner, which was allowed by it. Being aggrieved, the petitioner and Respondent No. 4 both challenged the same. Writ Petition No. 26515 of 1995 filed by the petitioner was allowed and Writ Petition No. 29192 of 1995 filed by Respondent No. 4 was dismissed vide composite order dated 7.12.1995 (Annexure-13 to the writ petition) passed by this Court. A special appeal was filed challenging the order dated 7.12.1995, which was dismissed by order dated 28.10.1997 of this Court. However, a Writ Petition No. 27754 of 1997 was again filed by Respondent Nos. 3 and 4 in which the petitioner was not impleaded as a party and the writ petition was disposed of with the directions to the Registrar to consider the matter afresh and decide the question of validity of the office bearers to manage and supervise the society in question. The Assistant Registrar- Respondent No. 1 passed an order dated 23.10.1997 against the petitioner.;


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