ANJUMAN ISLAHUL MUSALMEEN, PARSA, GODDA Vs. STATE OF JHARKHAND
LAWS(JHAR)-2012-10-71
HIGH COURT OF JHARKHAND
Decided on October 08,2012

Anjuman Islahul Musalmeen, Parsa, Godda Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) BY the Court. -In this writ petition, the petitioner has prayed for quashing of office order No. 1/JS10839/08 -784 dated 12.9.2009 (Annexure -8), whereby the petitioner's society has been declared fake in spite of giving registration to the society by the office of the Inspector General of Registration, Department of Registration, Jharkhand itself.
(2.) IT has been stated that in the impugned order the Inspector General of Registration, Jharkhand has observed, inter alia, that the petitioner has fraudulently obtained registration number by furnishing false information. The Minority High School Parsa, Godda is the real institute under Anjuman Islahul Musalmeen, Santhal Pargana and Bhagalpur, which was itself a registered body bearing registration No. 26/1968 -69 and that has been approved and accepted by all concerned Departments. The petitioner himself has accepted the said position in W.P. (5) No. 3691/2006, Md. Badruddin v. State of Jharkhand and Ors. Learned counsel appearing on behalf of the petitioner submitted that the Registrar has power to cancel, by order in writing, the registration of any society, registered under this Act whose office is ceased to be in the State of Bihar by reason of the re -organization of the States or change of the office from the State of Bihar to another State or whose activities are subversive to the objects of the society. Learned counsel referred to and relied on Section 23 (Bihar Amendment).
(3.) LEARNED counsel for the petitioner submitted that under the said provision the earlier registration of the society being Registration -No. 26/1968 -69 has been cancelled by the State of Bihar and in that view the impugned order, without taking into the said facts and materials, is wholly perverse and illegal and is liable to be set aside. He has further stated that no statement accepting the earlier registration number as of parent institution has been made in W.P.(S) No. 3691/2006 as has been mentioned in the impugned order.;


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