- (1.) THE present writ petition has been filed challenging the order dated 4.10.2011, passed by the Assistant Registrar, Firms, Societies and Chits and a further prayer for issuance of a writ of Mandamus has been claimed directing the Assistant Registrar to reconsider the entire claim of the petitioner regarding issuance of renewal certificate in favour of the society, as well as registration of list of members, pursuant to election of the committee of management of the society.
(2.) THIS Court on 20th October, 2011, while entertaining the writ petition, passed the following orders: - "Learned Standing counsel has accepted notice on behalf of respondent nos. 1 and 2. Sri R.K. Pandey, Advocate has accepted notice on behalf of respondent no.3. Each one of the respondent is accorded a month's time for filing counter affidavit. Rejoinder affidavit may be filed within two weeks thereafter. Present matter be listed along with record of writ petition 40187 of 2011. On the matter being taken up today Sri Kshetresh Chandra Shukla, Advocate has tried to contend before this Court that his client Shailendra Kumar Mishra has been inducted as a member after one Babu Lal Upadhyay had died in the month of November, 2005. Serious dispute has been raised by Sri R.K. Pandey, Advocate contending that Babu lal Upadhyay had died on 7th November, 2008 and the entire documents of petitioners are nothing but forged document and he has tried to produced before this Court copy of the death certificate issued by Pradhan of the Gram Sabha concerned. As factual controversy is being raised, it would be much more expedient that the matter is decided after exchange of pleadings inter se parties. In the mean time the Sub Divisional Magistrate of the area concerned where in the institution concord is situated qua the same is directed to make specific inquiry qua date of death of Babu Lal Upadhyay and submit his report, the said report in question be submitted along with counter affidavit which is to be filed by leaned Standing counsel. Copy of the order be supplied to learned Standing counsel for ensuring compliance of the same."
(3.) AS directed, a report has been submitted to the effect that Babu Lal Upadhyay had actually died in the year 2008 and consequently, Shailendra Kumar Mishra could not have been enrolled in his place in the year 2005. The matter was, otherwise, examined by the Assistant Registrar and vide order dated 3rd April, 2012, he recalled the order dated 4th October, 2011. The order dated 3rd April, 2012 was also subject matter of consideration in Writ Petition No. 20735 of 2012. In view of the fact that the order dated 4th October, 2011, which is under challenge, has already been cancelled and fresh orders have been passed by the Assistant Registrar, therefore, in view of the subsequent developments having intervened, no occasion survives, requiring any further adjudication in the writ petition.;