Allahabad High Court
Uttar Pradesh Gandhi Smarak Nidhi And ... vs State Of U.P. And 4 Others on 18 January, 2020
Author: Rajiv Joshi
Bench: Rajiv Joshi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 54 Case :- WRIT - C No. - 1087 of 2020 Petitioner :- Uttar Pradesh Gandhi Smarak Nidhi And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Hemant Kumar Rai,Rakesh Pande (Senior Adv.),Vishakha Pande Counsel for Respondent :- C.S.C.,Nripendra Mishra,Shambhavi Nandan Hon'ble Rajiv Joshi,J.
Heard Sri Rakesh Pande, learned Senior Advocate assisted by Sri Hemant Kumar, learned counsel for the petitioners, learned Standing counsel for the State respondents and Sri Ashok Khare, learned Senior Advocate assisted by Sri Shambhavi Nandan, learned counsel for the respondent no.5.
Present writ petition has been filed for quashing the order dated 24.12.2019 passed by the respondent no.3-Assistant Registrar, Firms, Societies and Chits, Varanasi, whereby the petitioners were restrained from exercising their financial and administrative power.
It reflects from the record that two show cause notices were issued on 17.9.2019 and 3.10.2019 respectively, asking the explanation from the petitioners as to why the registration of the society may not be cancelled as he unauthorizedly running the society. Subsequently, on 22.11.2019, an application was submitted by the petitioners before the Assistant Registrar asking certain documents in order to file proper reply and ultimately, the reply was filed on 23.12.2019. Copy of the said reply is appended at page 152 to the paper-book.
It is contended by learned counsel for the petitioners that the order impugned passed on 24.12.2019 stating therein that no reply has been filed by the petitioner, the reply, which was received by the office of Assistant Registrar, Firms, Societies and Chits, Varanasi on 23.12.2019, has totally been ignored.
On the other hand, learned counsel for the respondent justified the impugned order by stating that it is in the form of interim measure and no final order has been passed.
I have considered the rival submissions and perused the record.
The order impugned indicates that the reply filed by the petitioners on 23.12.2019, has not been considered and it has been mentioned in the impugned order that reply to the show cause notice has not been filed by the petitioners.
Under these circumstances, since the reply of the petitioners have not been considered, the order impugned is in utter violation of principle of natural justice and is liable to be quashed.
The writ petition stands allowed.
Accordingly, the order dated 24.12.2019 passed by the respondent no.3-Assistant Registrar, Firms, Societies and Chits, Varanasi, is quashed and the matter is remitted to the Assistant Registrar, Firms, Societies and Chits, Varanasi to pass fresh order after considering the reply of the petitioner dated 23.12.2019 and after giving opportunity of hearing to the affected parties, expeditiously, preferably, within a period of three months from the date of production of certified copy of this order.
Order Date :- 18.1.2020 Noman