Allahabad High Court
C/M Markazi Anjuman Tabligh Ahle Sunnat ... vs State Of U.P. Thru. Prin. Secy. Deptt. Of ... on 9 October, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Neutral Citation No. - 2025:AHC-LKO:62248
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
WRIT - C No. - 9616 of 2025
C/M Markazi Anjuman Tabligh Ahle Sunnat Thru. General Secretary Ghulam Ahmad Siddiqui And Another
.....Petitioner(s)
Versus
State Of U.P. Thru. Prin. Secy. Deptt. Of Finance Lko. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s)
:
Vaibhav Srivastava
Counsel for Respondent(s)
:
C.S.C., Syed Aftab Ahmad
Court No. - 17
HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Shri Vaibhav Srivastava, the learned counsel for the petitioner and Shri U.C. Singh, the learned Additional Chief Standing Counsel for the State of U.P. and Shri Syed Aftab Ahmad, the learned counsel for the respondent No.5- Secretary/Mutwalli, Managing Committee Waqf Masjid Tatshah & Eidgah No.15, 46, 115 Faizabad - Ayodhya, Head Office - Markazi Jama Masjid Tatshah, Chawk Kotha Parcha, Faizabad/Ayodhya.
2. By means of the instant petition, the petitioner has challenged the validity of an order dated 28.08.2025 passed by the Deputy Registrar, Ayodhya Division, Ayodhya cancelling the registration of the petitioner's Society under Section 12(D)(1)(c) of the Societies Registration Act.
3. Learned counsel for the respondents have raised a preliminary objection that the petitioner has got a statutory remedy of filing an appeal under Section 12(D)(2) of the Societies Registration Act and, therefore, the writ petition is not maintainable in view of the availability of the statutory remedy.
4. In reply to the aforesaid objection, the learned counsel for the petitioner has submitted that the proviso appended to the Section 12(D)(1) of the Societies Registration Act provides that no order of cancellation of registration of any Society shall be passed until the Society has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to it.
5. He has submitted that when the Deputy Registrar came to the conclusion that a case is made out for cancellation of the registration of the petitioner's Society, be ought to have given an opportunity to show cause against the proposed cancellation. As no such opportunity has been given to the petitioner as is mandated in proviso 12(D)(1) of the Societies Registration Act, the availability of statutory remedy of appeal will not bar the maintainability of the writ petition.
6. The proceedings before the Registrar were instituted on a complaint dated 22.05.2025 against the proposed registration of Society. The Society got registered on 20.05.2025 - which perhaps was not communicated to the complainant. The petitioner has filed his objections against the complaint and he has not only been given the opportunity of hearing but he has availed the same. As the petitioner has already shown cause against the proposed cancellation, it cannot be said that he has been denied the opportunity of hearing.
7. Therefore, I find force in the preliminary objection raised by the learned counsel for the respondents.
8. Accordingly, the instant writ petition is dismissed on the ground of availability of statutory remedy.
9. In case the petitioner files an appeal under Section 12(D)(2) of the Societies Registration Act, the same shall be considered and decided on its merits expeditiously, in accordance with law, after giving the parties reasonable opportunity of hearing and without being influenced by the dismissal of the writ petition.
.(Subhash Vidyarthi,J.) October 9, 2025
-Amit K-