Court No. - 54
Case :- WRIT - C No. - 31746 of 2019 Petitioner :- C/M Mahadev Singh Smarak Shiksha Samiti And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Kumar Shukla,Prabhakar Awasthi Counsel for Respondent :- C.S.C.
Hon'ble Rajiv Joshi,J.
Heard Sri Prabhakar Awasthi, learned counsel for the petitioners and learned Standing counsel for respondent nos. 1 and 2 and Sri Mayank Kumar, Advocate who filed the vakalatnama today on behalf respondent no.3.
The present writ petition has been filed assailing the impugned order dated 21.8.2018 passed by the Assistant Registrar, Firms, Societies and Chits, Jhansi.
The order impugned was passed on the ground that by playing fraud, list of office bearers under Section 4 of the Societies Registration Act (hereinafter referred to as the 'Act') has been got approved and the registration of the Society has also been obtained fraudulently. The impugned order suggest that the same has been passed in exercise of power under Section 12- D(1)(C) of the Act as the petitioner by misleading the Assistant Registrar, Firms, Societies and Chits, Jhansi obtained fraudulently the list of management 2016-17 and the list of general body 2017 obtained renewal certificate fraudulently.
Contention of learned counsel for the petitioner is that the order impugned has been passed without affording of any opportunity of hearing and even no notice was sent to the petitioner and notices which were sent to the petitioner was at the wrong address and the same returned back.
On the basis of instructions received, learned Standing counsel has produced the said notice which was sent to the petitioner's Address at Mahadev Singh Smarak Sikhsha Samiti Ram Lila Ground behind Ganesh House, Aliganj District- Banda and second notice was also supplied to the same address to him.
During the course of the argument, learned counsel for the petitioner has produced the notice dated 24.9.2019 which was sent to the petitioner at the correct address of Tiwari Sadan, Village and Post, Tindwara, District- Banda, After passing the impugned order showing the correct address and said notice was received by the petitioner. Thereafter, the petitioner filed an objection to the said notice. Apparently, two notices which were sent by the Assistant Registrar, Firms, Societies and Chits, Jhansi at the wrong address which was never served to him. As a result thereof, the petitioner could not contest the claim.
Learned counsel for the respondent has raised an objection that the petitioner has got statutory alternative remedy under Section 12-D (2) of the Act by way of filing of an appeal before the Commissioner of the concerned Division and therefore, the writ petition may be dismissed on the ground of availability of alternative remedy.
It is well settled that the impugned order has been passed without affording opportunity of hearing to the petitioner and even no notice has been served on the petitioner as the same was sent at the wrong address, which is clarified from the subsequent notice dated 24.9.2019 issued after passing the impugned order for renewal of the registration of the Society.
It is well settled that if order impugned is against the principles of natural of justice, the availability alternative remedy is not absolute bar. In these circumstances, the impugned order dated 21.8.2018 passed by Assistant Registrar, Firms, Societies and Chits, Jhansi cannot be legally sustained and is accordingly quashed.
The writ petition is allowed.
The Assistant Registrar, Firms, Societies and Chits, Jhansi is directed to restore the case to its original number and pass a fresh order after affording opportunity of hearing to the parties concerned in accordance with law expeditiously within a period of three months from the date of the production of certified copy of this order.
Order Date :- 29.11.2019 Akbar