Court No. - 16
Case :- WRIT - C No. - 28005 of 2018 Petitioner :- C/M Janta Janardan Inter College Bhudkuda Chunar Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Manoj Kumar,Dadhi Bal Yadav Counsel for Respondent :- C.S.C.,Anil Kumar Sharma
Hon'ble Mrs. Sangeeta Chandra,J.
Heard learned counsel for the petitioner and learned Counsel appearing for the respondent No. 6.
It appears that the petitioner is aggrieved by the order dated 18.04.2018 by which the list of members of general body of the societies running Janta Janardan Inter College Bhudkuda Chunar, Mirzapur has been recognized.
It is the case of the petitioner that in earlier round of litigation this Court had set aside the order passed by the Assistant Registrar and directed the Assistant Registrar to consider the objections made by the petitioner and other concerned and pass a fresh order. When the order dated 24.05.2017 passed in Writ C No. 18534 of 2017 was not been complied with then the petitioner approached this Court by filing a Contempt Application, namely, Contempt Application No. 6096 of 2017.
This Court after issuance of notice fixed the matter for appearance of the Assistant Registrar. When the Assistant Registrar did not appear nor did he file an application for exemption, this Court was pleased to issue bailable warrants on 15.02.2018. It was after such orders passed in Contempt Petition that the impugned order has been passed by the Assistant Registrar on 18.04.2018. In the order impugned there is no mention of the objections filed by the petitioner dated 09.08.2017 along with list of members of 2011.
The learned counsel for the respondent No. 6 has argued that the petitioner has not submitted any list till date.
From a perusal of the order passed by the Assistant Registrar it is not evident that the objections filed by the petitioner have even been referred to much less discussed and rejected. The name of several other persons for example the respondent Nos. 6, 7 and 8 have been mentioned and their objections have been summarily rejected without observing as to why such objections are being rejected. The list submitted by Sri Shyam Narain Singh (respondent No 7) on 23.01.2017 has been recognized.
It is evident that the Assistant Registrar has not considered the objections made by the petitioner.
The order dated 18.04.2018 passed by the Assistant Registrar being non speaking order is set aside the matter and again remanded to the Assistant Registrar to hear the petitioner as well as other affected parties and pass a fresh order strictly in accordance with law.
The writ petition is partly allowed to this extent.
Order Date :- 21.8.2018 A. Tripathi