A.K. Banerji, J. - (1.) The above noted writ petition No. 22657 of 1991 has been filed by Shri Ram Chandra Mission, Shahjahanpur, through its Secretary Shri B.D. Mahajan under Article 226 of the Constitution of India, challenging the validity and legality of the action of the respondent Nos. 2 and 3 namely, the Registrar of Firms, Societies and Chits U.P. Lucknow and the Assistant Registrar of Firms, Societies and Chits, Bareilly Region, Bareilly, refusing to recognise the Working Committee of the petitioner Shri Ram Chandra Mission (hereinafter referred to as the Petitioner) headed by Dr. S.P. Srivastava, President and Shri B.D. Mahajan, as Secretary. A writ of mandamus has been sought directing the respondents No. 2 and 3 to recognise the Working Committee of the petitioner Mission as per the order passed under Section 25 of the Societies Registration Act, 1860, by the Prescribed Authority and, further to grant a fresh certificate of renewal for registration to the petitioner. Writ Petition No. 37023 of 1994 has been filed on behalf of the said Mission through its President Umesh Chandra Saxena and others including B.D. Mahajan against the State of U.P. and others including the Registrar and the Assistant Registrar, Firms, Societies and Chits as well as P. Rajgopalachari and others praying for a writ of certiorari for quashing the order dated 29-9-1994 passed by the Assistant Registrar-Firms, Societies and Chits, Bareilly Region, Bareilly, and a writ of mandamus for declaring Umesh Chandra Saxena as successor President of the petitioner Mission. Further declaring that the deed dated 16-4-1982 relied by Umesh Chandra Saxena as valid and the nomination deed dated 23-3-1994 relied by the respondent No. 4 as forged and invalid, Both these writ petitions had been connected along with the Testamentary. Suit No. 1 of 1994 and ordered to be listed before this Court. Subsequently, after the Testamentary Suit No. 1 of 1994 was decided, it was ordered that the aforesaid writ petitions be listed alongwith the Original Suit No. 200 of 1983 and Original Suit No. 127 of 1994. The said suits have been decided by seperate orders of date.
(2.) I have heard Shri B.B. Paul, learned counsel for the petitioners in both the above noted writ petitions and Shri Ajit Kumar, learned counsel appearing for the contesting respondents.
(3.) At the very outset, a statement has been made by Shri Paul that the writ petition No 22657 of 1991 is not being pressed by the petitioners and the same may be dismissed as withdrawn. It has been stated that because of some subsequent developments and subsequent orders passed by the respondent No. 3, the said writ petition has become infructuous. This prayer has been opposed by the learned counsel for the contesting respondents, who has submitted that some material admissions have been made in the said writ petition and to a large extent some of the allegations made in this writ petition are contradicted in the connected writ petition No. 37023 of 1994. Consequently, the petitioner have reasons which are not bona fide and to avoid embarrasment is seeking to withdraw this writ petition and the same could not be permitted. Learned counsel has invited the attention of the Court to Paragraphs No. 1 to 3, 8, 9 and other paragraphs of the said writ petition No. 22657 of 1991 in which the President of the Mission has been shown as Shri S.P. Srivastava and Shri B. D. Mahajan as Secretary and Shri Sarvesh Chandra as Joint Secretary. However, in writ petition No. 37023 of 1994, Umesh Chandra Saxena has been shown to be the President of the Mission and Sarvesh Chandra as Secretary.;