Arun Tandon - (1.) Z
(2.) Heard Sri Ashok Khare, senior advocate, assisted by Sri Rajesh Rai and Sri S. D. Shukla, advocates, on behalf of petitioners, Sri Sashi Nandan, senior advocate assisted by Sri R. K. Ojha, advocate on behalf of respondent No. 6 and learned standing counsel on behalf of respondent Nos. 1 to 5. Parties have exchanged their affidavits and agree that the present writ petition may be disposed of finally at the admission stage itself. Dispute arose between two societies, namely, Hari Shyam Khadi Gram Udyog Sewa Sabha Malak Harhar, Allahabad (registered in the year 1968) and Hari Shyam Khadi Gram Udyog Sewa Samiti, Malak Harhar, Allahabad (registered in the year 1978), qua the right to manage the institution established in the name and style of "Uttar Pradeshiya Balika Vidyalaya Junior High School, Malak Harhar, Allahabad. The controversy was subject matter of Civil Misc. Writ Petition No. 5368 of 1981, by the Basic Shiksha Adhikari, Allahabad decided on 13th January, 1988. The Court required the Basic Shiksha Adhikari to examine the matter in light of the direction contained in the order of the Court.
(3.) THE Basic Shiksha Adhikari vide his 16th February, 1989 held that there are two rival societies duly registered under the Societies Registration Act, 1860, claiming a right to manage the institution and therefore, it would be appropriate that the dispute be decided by the Registrar, Firms Societies and Chits on 28th August, 1989. THE Assistant Registrar, Firms, Societies and Chits in turn held that both the societies are duly registered under the Societies Registration Act, 1860 and therefore, their rights be examined by appropriate court. THE Basic Shiksha Adhikari on 19th September, 1989 recognised the society with Ravindra Nath Mishra as Secretary/Manager, as entitled to manage the institution. This order was challenged by Ashthbhuja Prasad Dubey in his capacity as Manager of the other society by means of Civil Misc. Writ Petition No. 20957 of 1990. THE writ petition was allowed under judgment and order dated 21st September, 1993 with a direction upon the Basic Shiksha Adhikari to decide as to which of the society is entitled to manage the institution. THE Basic Shiksha Adhikari on 10th January, 1994, maintained his earlier order dated 19th September, 1989. This order of the Basic Shiksha Adhikari was challenged by Ashtabhuja Prasad Dubey by means of Civil Misc. Writ Petition No. 8577 of 1994. THE writ petition was finally allowed vide judgment and order dated 22nd April, 2004 and the order of the Basic Shiksha Adhikari dated 10th January, 1994, was quashed. THE Basic Shiksha Adhikari was directed to decide the issue afresh in light of the observations made in the writ petition. This Court further recorded that under the provisions of the Societies Registration Act, 1860, renewal of the society can be obtained in changed name and that such registration can be renewed even if the term of the earlier registration of the society has expired, with specific reference to Section 3 (3) of the Societies Registration Act, 1860. Before the matter could be decided by the Basic Shiksha Adhikari, as directed by the Court, one Krishan Narayan Upadhaya filed Civil Misc. Writ Petition No. 39867 of 2004, claming an independent right to be heard in the proceedings pending before the Basic Shiksha Adhikari. This writ petition was finally disposed of vide judgment and order dated 27th September, 2004 with a direction upon the Basic Shiksha Adhikari to entertain and decide the claim of Krishna Narayan Upadhyaya also. Against the order of the single Judge, Special Appeal No. 1385 of 2004, was filed which was dismissed with the observations that objections raised may be urged before the Basic Shiksha Adhikari himself.;