Allahabad High Court
C/M Raghuram Educational Society And ... vs State Of U.P. And 4 Others on 23 September, 2020
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 71 Case :- WRIT - C No. - 14004 of 2020 Petitioner :- C/M Raghuram Educational Society And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Dinesh Tiwari,Sr. Advocate Sri Radha Kant Ojha Counsel for Respondent :- C.S.C.,Fuzail Ahmad Ansari,Santosh Kumar Singh Hon'ble Mahesh Chandra Tripathi,J.
Heard Sri Radha Kant Ojha, learned Senior Advocate assisted by Sri Dinesh Tiwari, learned counsel for the petitioners, Shri Sanjay Singh, learned Additional Chief Standing Counsel for the State respondent and Sri Fuzail Ahmd Ansari, learned counsel for contesting respondent no.5.
The Committee of Management Raghuram Educational Society, Jaipur House, Agra through its Manager Brijesh Shukla is before this Court assailing the validity of impugned order dated 13.02.2020 passed by the Prescribed Authority/ Upziladhikari, Sadar, Agra/respondent no.2 by which, on the direction of District Magistrate, Agra, the proceeding of Case No.02345/2018, Computer Case no.T201801010102345 (Smt. Anita Parashar vs. Brijesh Shukla) under Section 25(1) of U.P. Societies Registration Act 1860 has been transferred to Upper Upziladhikari (Sadar), Agra.
Shri Radha Kant Ojha, learned Senior Counsel for the petitioners submits that under Section 25(1) of the Societies Registration Act 1960, the 'Prescribed Authority' has been defined. Even the State Government through notification dated 28.10.1975 notified that the Sub-Divisional Magistrate of the concerned area in which the society is lying having the right to decide the dispute under Section 25(1) of the Societies Registration Act and no other Authority can decide the same and as such, the proceeding could not be transferred to another authority by the District Magistrate as has been done in the present matter.
In support of his submission, Shri Ojha has relied upon the order sheet which is appended as Annexure-7 along with the writ petition and submits that the arguments were advanced before the Prescribed Authority and the matter was at the verge of attaining finality but the same has erroneously been transferred by the Upziladhikari, Sadar, Agra to the Upper Upziladhikari (Sadar) Agra, which is beyond his jurisdiction.
So far as the legal and factual situation is concerned, the same are not disputed by counsel for the respondents.
The Society Registration Act is a self contained Act. Section 25(1) of the said Act empowers the Government to make rules for carrying out the purpose of the Act 1860. Admittedly, the State Government through notification dated 28.10.1975 notified that the Sub-Divisional Magistrate of the concerned area in which the society is lying having the right to decide the dispute under Section 25(1) of the Societies Registration Act.
In the facts and circumstances of the case, this Court is of the considered opinion that the order impugned cannot sustain in the eyes of law. The same is set aside. Matter is relegated to the Prescribed Authority/Sub Divisional Magistrate, Sadar, Agra to consider and decide the present dispute within the period of three months from the date of production of copy of this order. The parties may not take unnecessary adjournment in the said proceeding.
With the aforesaid direction, the present writ petition is allowed.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 23.9.2020 Krishna*