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Order in appeal reflects that Commissioner has proceeded on presumption that in the meeting dated 14.5.1991 Ravindra Kumar was elected as Vice President, and said proceedings have been verified by Asthbhuja Prasad Dubey. and in the election dated 12.10.1995 Ravindra Kumar had been elected as Manager/Secretary, and till 11.9.1995 Asthbhuja. Prasad Dubey was Manager/Secretary, and thereafter Ravindra Kumar had been running the institution. Commissioner has totally ignored this aspect of the matter, that in proceeding dated 14.5.1991, Tej Pratap Shukla had resigned and in his place Ravindra Kumar claimed to have been elected as Deputy Manager. Said Tej Pratap Shukla filed his affidavit as Manager before Assistant Registrar supporting the version of petitioner, and this finding has not at all been assailed in appeal. The Commissioner has also made totally wrong and perverse observations qua running and managing the affairs of the institution, as undisputed position is that pursuant to order dated 10.01.1994 passed by District Basic Education Officer initially Ravindra Nath Mishra and after his death Krishna Narain Upadhaya had been running and managing the affairs of this instruction. Ravindra Kumar in Civil Misc. Writ Petition No. 16954 of 2003, had filed rejoinder affidavit, certified copy of which has been produced and contents of which have not been disputed. In paragraph 7, Ravindra Kumar admitted and mentioned that institution in question is run and managed by society known as Hari Shyam Khadi Gramodyog Sewa Samiti of which Ravindra Nath Mishra is manager, and also further mentioned that said institution is not being run and managed by society known as Hari Shyam Khadi Gramodyog Sewa Sabha. Statement of fact mentioned by Ravindra Kumar clearly exposes him and his stand in the matter, and further there is a reason for the same. In paragraph 28 of writ petition, categorical statement of fact has been mentioned that Ravindra Kumar is no once else than son of Krishna Narain Upadhyaya. This categorical statement of fact has not at all been disputed in paragraph 15 of the counter affidavit, and thus it has been admitted by Ravindra Kumar that he is son of Krishna Narain Upadhyaya. In paragraph 11 of the counter affidavit, attempt has been made by Ravindra Kumar to confuse his identity, by mentioning that he is Ravindra Kumar son of Kripa Narain and has no concern with the society said to be run and controlled by Krishna Narain Upadhaya in the name of Hari Shyam Khadi Gramodyog Sewa Samiti. Nowhere Ravindra Kumar dared to mention that Krishna Narain Upadhayaya and Kripa Narain are both separate entitles and have no concern with each other, and incorrect statement of fact has been mentioned qua Krishna Narain Upadhaya. All these circumstances clearly prima facie discredit the claim of Ravindra Kumar and suggests that strategically he has been set up and is a mere stooge of Krishna Narain Upadhyaya. The observations made, by the Assistant Registrar, qua papers submitted by Ravindra Kumar that the same is an outcome of after thought are prima facie reghtful observations, in the facts and circumstances of the case in hand, and said observations clearly suggested that in the opinion of authority, they were procured document.

19. Learned Counsel submits that with regards to Ravindra Kumar, this Court specifically held that he has been set up and is a mere stooge of Krishna Narain Upadhaya, who was none other than his father. The findings of the Assistant Registrar, Firms, Societies and Chits 'to the effect that papers submitted by Ravindra Kumar are an outcome of after thought and are based on procured documents' has been approved by the Court. Again with reference to Paragraph-7 of the Rejoinder Affidavit filed by Ravindra Kumar in Civil Misc. Writ Petition No. 16954 of 2003 (wherein he himself admitted that the institution in question is being run and managed by the society known as Hari Shyam Khadi Gramodyog Sewa Samiti of which Ravindra Nath Mishra is Manager and that the institution is not being run and managed by society known as Hari Shyam Khadi Gramodyog Sewa Sabha) this Court held that the claim of Ravindra Kumar is discredited).