By order dated 15.07.2019, the prescribed authority has rejected the reference made by the petitioners. The order dated 15.07.2019 is assailed in the instant writ petition.
Sri Suresh Chandra Dwivedi, learned counsel for the petitioners calls attention to the faultlines in the order assailed in the writ petition and contends that the impugned order has been passed on the foot of the order, passed by the Regional Level Committee on 28.06.2019. The order dated 28.06.2019 passed by the Regional Level Committee was set aside by this Court in a judgement entered on 25.07.2019, in Writ C No. 24149 of 2019 C/M Bidi Works Muslim Girls Inter College Amroha and another Vs. State of U.P. and Others.
In this manner, the only basis on which the order was passed by the prescribed authority, stands vitiated.
Sri Surendra Prasad Mishra, learned counsel for the respondent no. 5 fairly admits that the order dated 28.06.2019 passed by the Regional Level Committee was set aside by this Court. Hence, the only premise of the order dated 15.07.2019, does not survive.
Learned Standing Counsel from the perusal of the record could not dispute the aforesaid contentions.
The order dated 15.07.2019 passed by the prescribed authority is clearly vulnerable to judicial review. The order self destructs. The order dated 15.07.2019 is passed on the sole footing of determination of the dispute by the Regional Level Committee by order dated 28.06.2019. The order dated 28.06.2019 passed by the Regional Level Committee admittedly has been quashed by this Court. The sole basis on which, the order dated 15.07.2019 was passed, does not survive. The order suffers from non application of mind.
With consent of parties, the order dated 15.07.2019 passed by the prescribed authority is quashed and the matter is remitted to the respondent no. 4, Prescribed Authority/Sub Divisional Magistrate, Tahsil, Pargana & District Amroha, to execute the following directions:
I. The Prescribed Authority/Sub Divisional Magistrate, Tahsil, Pargana & District Amroha, shall determine the membership of the society, in accordance with the procedure prescribed under Section 4-B of the U.P. Societies Registration Act.
II. The determination of membership, shall be made by the Prescribed Authority/Sub Divisional Magistrate, Tahsil, Pargana & District Amroha, after giving an opportunity of hearing, to all concerned parties, including the parties before this Court.
III. The parties shall appear before the Prescribed Authority/Sub Divisional Magistrate, Tahsil, Pargana & District Amroha. The parties shall exchange their respective pleadings and relied on documents.
IV. The Prescribed Authority/Sub Divisional Magistrate, Tahsil, Pargana & District Amroha, shall record a finding in the proceedings book, regarding service of pleadings and documents relied on by the parties upon their respective adversaries.
V. In case some necessary parties, are not before this Court, they too shall also be noticed and will be entitled to an opportunity of hearing before the Prescribed Authority/Sub Divisional Magistrate, Tahsil, Pargana & District Amroha. The said parties shall also be provided with copies of the pleadings and documents of their respective adversaries.
VI. The Prescribed Authority/Sub Divisional Magistrate, Tahsil, Pargana & District Amroha, shall return a finding in this regard in the proceedings book.
VII. The Prescribed Authority/Sub Divisional Magistrate, Tahsil, Pargana & District Amroha, shall fix a date of hearing and intimate the said date to the concerned parties. The Prescribed Authority/Sub Divisional Magistrate, Tahsil, Pargana & District Amroha, shall hear the parties on the date fixed.
VIII. The list of valid membership of the society, shall be decided by the Prescribed Authority/Sub Divisional Magistrate, Tahsil, Pargana & District Amroha by a reasoned order in accordance with law.
IX. The entire exercise of calling the parties, hearing and deciding the matter as per law, shall be completed by the Prescribed Authority/Sub Divisional Magistrate, Tahsil, Pargana & District Amroha within a period of four months from the date of receipt of a certified copy of this order.
The writ petition is allowed.
Order Date :- 26.8.2019 Dhananjai