Court No. - 29
Case :- SPECIAL APPEAL No. - 30 of 2019 Appellant :- Asit Mishra Respondent :- State Of U.P. And 3 Others Counsel for Appellant :- Vashishtha Dhar Shukla,Ashok Khare,Senior Advocate Counsel for Respondent :- C.S.C.,Ramesh Chandra Dwivedi
Hon'ble Pankaj Mithal,J.
Hon'ble Rohit Ranjan Agarwal,J.
Heard Sri Ashok Khare, learned Senior Counsel assisted by Sri V.D. Shukla, learned Counsel for the appellant, Sri R.C. Dwivedi & Sri N. Pandey, learned Counsel for the respondents 3 and 4, learned Standing Counsel for the State and perused the material on record.
The order dated 1.11.2018 passed by Deputy Registrar, Firms, Societies and Chits, Agra Region, Agra was challenged by respondent nos.3 and 4 by filing a writ petition bearing Writ C No. 39907 of 2018 before this Court. The writ Court entertained the petition and directed it to be listed after exchange of affidavits for the reason that the order impugned was said to have been passed in violation of the principles of natural justice without supplying the report of the three member committee constituted by the Deputy Registrar. During pendency of the petition, the effect and operation of the order impugned dated 1.11.2018, passed by the Deputy Registrar, has been stayed.
Aggrieved by the said order the contesting respondent has preferred this appeal.
Sri Ashok Khare, learned Senior Advocate at the very outset submits that as the writ petition has been entertained on the ground that the copy of the report of the three member committee was not supplied to respondent nos.3 and 4, the impugned order in the writ petition may be quashed and the matter be remanded for decision afresh in accordance with law.
Sri R.C. Dwivedi, learned Senior Advocate submits that the Deputy Registrar has no jurisdiction to pass such an order and as such it is futile to remit the matter to him. The fact remains that the order impugned passed by the Deputy Registrar is one which has been passed in violation of the principles of natural justice as the report of the three member committee was not supplied to respondent nos.3 and 4.
In view of the above, the said order cannot be sustained in law and is liable to be quashed. As far as the matter of jurisdiction is concerned, the parties are free to raise it before the Deputy Registrar who will decide the same before proceeding to decide the matter on merits.
In view of the aforesaid facts and submissions and with the consent of the parties, the order dated 1.11.2018 passed by the Deputy Registrar is hereby quashed with the direction to him to pass a fresh order on merits but before proceeding on merits to adjudicate the issue of jurisdiction also with a speaking order.
Accordingly, the special appeal and writ petition No.39907 of 2018 both stand disposed of.
A copy of this order may be place on record of the above writ petition.
Order Date :- 21.1.2019 S. Singh