Jharkhand High Court
Sri Ram Krishna Seva Sangh vs State Of Jharkhand & Ors on 3 March, 2022
Author: Rajesh Shankar
Bench: Rajesh Shankar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No.1151 of 2020
With
I.A. No.1632 of 2022
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Sri Ram Krishna Seva Sangh, Sector-2, Dhurwa, Ranchi. .......... Petitioner.
-Versus-
State of Jharkhand & Ors. .......... Respondents.
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CORAM : HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioner : Mr. Manish Kumar, Advocate
For the State : A.C. to A.A.G. I
For Res. No.9 : Mr. Mahesh Tewari, Advocate
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Order No.06 Date: 03.03.2022
This case is taken up through video conferencing.
Initially the writ petition was filed on 17th March, 2020 for quashing the order dated 28th February, 2020 (Annexure-30 to the writ petition) passed by the Inspector General of Registration, Jharkhand, Ranchi, whereby the amendment in favour of the respondent no.9 and others was allowed by substituting the executive body, which, according to the petitioner, was of the year 2008-09.
On perusal of the order sheet of this case, it appears that different interim orders were passed, however, no order staying operation of the impugned order dated 28th February, 2020 was passed.
The petitioner has now filed I.A. No.1632 of 2022, seeking stay of the order dated 28th February, 2020 passed by the Inspector General of Registration, Jharkhand, Ranchi and for restraining the respondent no.9 seeking assistance of a magistrate for taking over the charge of the management of the society- Sri Ram Krishna Seva Sangh, Ranchi as well as the school, namely, Vivekananda Vidya Mandir, Sector-2, Dhurwa, Ranchi being run by it, as the State authorities have no jurisdiction to resolve inter se dispute between two factions of the Managing Committee of the society as well as the said school.
Heard learned counsel for the parties on the said interlocutory application. The claim of the petitioner is that the respondent no.10 has issued registration certificate to the Managing Committee led by -2- the respondent no.9, which, in fact, was constituted in the year 2008- 09, whereas the claim of the private respondents including the respondent no.9 is that the election of the Managing Committee was held on 4th February, 2018 and subsequent thereto an application was made before the respondent no.10 for issuance of registration certificate to that effect and on submission of the enquiry report by the Deputy Commissioner, Ranchi, the registration certificate was issued on 28th February, 2020.
Rival contention of the parties requires consideration in detail. However, keeping in view that the interest of students of the said school should not be adversely affected due to claim and counterclaim between two factions of the Managing Committee of the said society, this Court deems it proper to forthwith appoint an Administrator to look after the management of the said society as well as the said school being run by it.
Mr. Manish Kumar, learned counsel for the petitioner and Mr. Mahesh Tewari, learned counsel for the respondent no.9 jointly submit that Hon'ble Mr. Justice Narendra Nath Tiwari (Retired Judge of this Court) may be appointed as an Administrator for the said purpose.
Considering the said submission, Hon'ble Mr. Justice Narendra Nath Tiwari is appointed as an Administrator to look after and manage the affairs of the society as well as the concerned school being run by it.
Mr. Abhay Kumar Mishra, who is representing the petitioner in the present writ petition, is directed to hand over the charge of the said society as well as the school and all other assignments related therewith to the Administrator including the details of the accounts being maintained by the society and the school in all the banks on 7th March, 2022 (forenoon).
The Administrator after taking over the charge may delegate certain powers to any person or persons for his assistance who is/ are not associated with both the factions of the Managing Committee.
The Honorarium to be paid to the Administrator for devoting his time in managing the affairs of the society and the school will be fixed subsequently.
-3-I.A. No.1632 of 2022 is, accordingly, disposed of.
Put up this case under appropriate heading on 11th April, 2022.
(Rajesh Shankar, J.) Sanjay/