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[Cites 2, Cited by 15]

Allahabad High Court

Gram Shiksha Sudhar Samiti Junior High ... vs Registrar, Firms Societies & Chits, ... on 5 July, 2010

Author: Dilip Gupta

Bench: Dilip Gupta

Court No. - 39

Case :- WRIT - C No. - 37918 of 2010

Petitioner :- Gram Shiksha Sudhar Samiti Junior High School &
Another
Respondent :- Registrar, Firms Societies & Chits, U.P. Lucknow
& Others
Petitioner Counsel :- Kshetresh Chandra Shukla
Respondent Counsel :- C.S.C.,Radhey Shyam Yadav

Hon'ble Dilip Gupta,J.

The petitioners are aggrieved by an order passed by the Deputy Registrar under Section 4 of the Societies Registration Act, 1860 (hereinafter referred to as the 'Act').

Learned Standing Counsel appearing for respondent Nos. 1 and 2 and Sri M.S. Pipersenia, learned counsel appearing for respondent No.3 raise a preliminary objection that the petitioners can avail of the alternative remedy provided for under Section 25 (1) of the Act.

The Court, therefore, declines to entertain this petition on the ground of alternative remedy but leaves it open to the petitioners to avail the alternative remedy under Section 25 (1) of the Act in accordance with the procedure prescribed therein. It is, however, ordered that in case the matter is entertained by the Prescribed Authority, the same shall be decided after hearing the parties concerned expeditiously, preferably within a period of three months.

The writ petition is, accordingly, dismissed subject to the aforesaid observations.

Order Date :- 5.7.2010 SK