- (1.) These two appeals arise out of a common judgment delivered by a learned Single Judge arising out of two writ petitions being Writ Petition No.11869 (MS) of 2016 and Writ Petition No.9771 (MS) of 2016 dated 20.4.2017.
(2.) The facts shorn off unnecessary details that have given rise to these two Appeals are that Writ Petition No.11869 (MS) of 2016 has been filed by Sri Ayaz Mustafa Khan claiming himself to be the Manager/Secretary of Al-Jamitul Ghausia Arabic College Samiti, Utraula, District Balrampur contending that the Deputy Registrar, Firms, Societies and Chits has passed the order dated 13.4.2016 which is without jurisdiction, inasmuch as once a dispute had been raised pertaining to the continuance of the office bearers of the Society, then the Deputy Registrar had no jurisdiction to entertain any such grievance and assume an authority to decide such a dispute that ought to have been referred to the Prescribed Authority for being decided in terms of Section 25 (1) of the Societies Registration Act, 1860. Thus, the order, being without jurisdiction, ought to have been quashed, yet the learned Single Judge without appreciating the aforesaid issue has committed an error directing the Deputy Registrar, Firms, Societies and Chits to decide the matter again after giving an opportunity of hearing to the parties concerned.
(3.) Consequently, Special Appeal No.196 of 2017 has been filed by Sri Ayaz Mustafa Khan and another praying for setting aside the judgment of the learned Single Judge and to allow Writ Petition No.11869 (MS) of 2016 quashing the order dated 13.4.2016. We have heard Sri R. C. Tewari, learned Counsel for the appellants in the said Appeal.;