Madhya Pradesh High Court
Sidhi Bala Bose Library Association vs The State Of Madhya Pradesh Judgement ... on 21 October, 2013
Writ Petition No :: 16923 / 2013 Siddhi Bala Bose Library Asso Vs. State of MP and others 21.10.2013
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Shri Girish Shrivastava for the petitioner. Shri Rahul Jain, Government Advocate, for the State. Challenging certain orders passed under section 32 of the MP Societies Registrikaran Adhiniyam, 1973 (hereinafter referred to as 'Adhiniyam'), this writ petition has been filed mainly on the ground that the Assistant Registrar, Firms and Society had no authority to deal with the matter.
However, during the course of hearing of this writ petition on 3.10.2013, it transpired that against the order passed under section 32, of the Adhiniyam, an appeal under section 40 was maintainable and infact an appeal was filed by the petitioner, which is still pending.
Learned counsel was granted three days time to seek instructions and today Shri Girish Shrivastava argued that as the Assistant Registrar had no jurisdiction to deal with the matter, the order passed is perse illegal and, therefore, the petition is maintainable.
There is no difficulty in accepting the aforesaid contention, but once a remedy of statutory appeal under section 40 of the Adhiniyam, is available and petitioner has already resorted to the said remedy and when the record shows that appeal is pending, it is not appropriate for this Court to exercise parallel jurisdiction and interfere in the matter. Instead, petitioner should now pursue the appeal which is filed and pending before the State Government. The State Government shall take note of the jurisdiction exercised by the Assistant 2 Writ Petition No :: 16923 / 2013 Siddhi Bala Bose Library Asso Vs. State of MP and others Registrar, shall advert to consider the same and thereafter decide the appeal which is pending, within a reasonable time.
With the aforesaid liberty to the petitioner, this writ petition stands disposed of.
Certified copy as per rules.
(RAJENDRA MENON) JUDGE Aks/-