Court No. - 7
Case :- WRIT - C No. - 27585 of 2019 Petitioner :- C/M Madarsa Arabiya Rizviya And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manvendra Narain Pathak,Mr. R.K. Ojha (Senior Advocate),Shiv Lal Counsel for Respondent :- C.S.C.,Gyanendra Prakash Srivastava
Hon'ble Ajay Bhanot,J.
Vakalatnama filed by Sri Rahul Jain, Advocate on behalf of respondent no. 3 is taken in the record.
By order dated 28.05.2019 passed by the Assistant Registrar, Firms, Societies and Chits, Azamgarh Division, Azamgarh, the list of elected members of the Committee of Management forwarded by the respondent no. 3, has been registered.
The petitioners are aggrieved by the order dated 28.05.2019 passed by the Assistant Registrar, Firms, Societies and Chits, Azamgarh Division, Azamgarh and assailed in the instant writ petition.
Sri Rahul Jain, learned counsel and Sri Gyanendra Prakash Srivastava, learned counsel for the respondent no. 3, raised a preliminary objection. Learned counsel for the respondent no. 3 submits that the petitioners have an alternative and efficacious remedy to assail the order dated 28.05.2019 by taking out proceedings under Section 25(1) of the Societies Registration Act.
Sri R. K. Ojha, learned Senior Counsel assisted by Sri Shiv Lal Verma, learned counsel for the petitioners does not dispute the proposition of law, but called attention to various illegalities in the order dated 28.05.2019 passed by the Assistant Registrar, Firms, Societies and Chits, Azamgarh Division, Azamgarh.
In light of the submissions made by learned counsel for the parties, it is evident that the illegalities in the order dated 28.05.2019, if any, have to be verified and considered by the prescribed authority constituted under Section 25(1) of the Societies Registration Act. The relief sought in the writ petition cannot be granted by this Court at this stage.
Faced with this, Sri R. K. Ojha, learned Senior Counsel assisted by Sri Shiv Lal Verma, learned counsel for the petitioners does not press the relief sought in the writ petition at this stage. He recasts his relief and submits that the prescribed authority be directed to decide the proceedings within a stipulated period of time.
This Court finds that the petitioners have an alternative and efficacious remedy of approaching the prescribed authority under Section 25(1) of the Societies Registration Act for redressal of their grievances. In case, the petitioners approach the prescribed authority, within a period of one month, the prescribed authority shall make all endeavours to decide the controversy, preferably within a period of four months from the date of receipt of such application, along with a certified copy of this order in accordance with law.
The writ petition is disposed of finally.
Order Date :- 22.8.2019 Dhananjai