JANKI HIGHER SECONDARY SCHOOL A REGISTERED SOCIETY Vs. SRI RADHEY LAL
LAWS(ALL)-2005-5-144
HIGH COURT OF ALLAHABAD
Decided on May 19,2005

SRI JANKI HIGHER SECONDARY SCHOOL, A REGISTERED SOCIETY THROUGH ITS SECRETARY AND Appellant
VERSUS
SRI RADHEY LAL SON OF LATE MADHAV PRASAD AND ASSISTANT REGISTRAR FIRMS, SOCIETIES Respondents

JUDGEMENT

Tarun Agarwala, J. - (1.) The petitioner has challenged the order dated 22.11.2001 passed by the Assistant Registrar, Firms, Society and Chits under the Societies Registration Act, intimating the petitioner that the papers filed by him with regard to the renewal of the registration of the Society has been rejected and that the renewal of the Society has been made on the basis of the papers submitted by Radhey Lal, Manager on the ground that the renewal of the Society was made in favour of Radhey Lal on 20.12.1980 and on that basis the renewal is now again being made in his favour.
(2.) For the last 40-45 years, there has been several rounds of litigation between the parties headed by the petitioner on one hand and the contesting respondent No. 1 on the other hand, with regard to the actual control of the affairs of the Society and its educational institution.
(3.) It transpires that on 22.12.1980, the Registrar granted renewal of the registration of the Society in favour of Madhav Prasad, the father of the respondent No. 1. Against the said order, the Committee of Management headed by the present petitioner through its erstwhile Manager, filed a Civil Misc. Writ Petition No. 508 of 1981 challenging the order dated 22.12.1980. The said writ petition was eventually dismissed on 13.9.96 against which Special Appeal No. 152 of 1996 was filed. This Special Appeal was dismissed as infructuous by an order dated 22.3.2001. The Court held that the adjudication made in the writ petition would have no effect at this stage. Based on the dismissal of the Special Appeal, the impugned order has been passed renewing the registration of the Society in favour of Radhey Lal on the sole ground that the registration of the society was earlier renewed in his favour on 22.12.1980.;


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