Court No. - 7
Case :- WRIT - C No. - 30087 of 2019 Petitioner :- C/M Shri Mahat Paleshwar Hari Prapanna And Another Respondent :- State Of U P And 3 Others Counsel for Petitioner :- P.K. Upadhyay,Brajesh Kumar Chaturvedi,Vikram Yadav Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Sri P. K. Upadhyay, learned counsel for the petitioners contends that the lists of the years 2017-18 and 2018-19, have been registered on the foot of fraudulent documents and without affording opportunity of hearing to the petitioners. The petitioner no. 2 claims to be the Manager of the Society. The last undisputed elections were held on 02.11.2016. The term of the Committee of Management is five years. The petitioner no. 2 claims that he continues to be the Manager of the Society. A representation to recall the orders registering the aforesaid list, has been made to the respondent no. 2.
The only prayer made by Sri P. K. Upadhyaya, learned counsel for the petitioners is that the representation of the petitioners may be decided within a stipulated period of time.
Learned Standing Counsel submits that in case any list has been registered on the foot of fraudulent documents, the respondent no. 2 is under obligation of law to investigate the same and verify the correct facts.
No useful purpose would be served by keeping this writ petition. Matter is remitted to the respondent no. 2, Assistant Registrar, Firms, Societies and Chits, Azamgarh Division, Azamgarh, for fresh consideration.
A writ of mandamus is issued commanding the respondent no. 2, Assistant Registrar, Firms, Societies and Chits, Azamgarh Division, Azamgarh to execute the following directions:
I. Assistant Registrar, Firms, Societies and Chits, Azamgarh Division, Azamgarh shall notice all concerned parties including the petitioner, respondent nos. 3 and 4 to appear before him for hearing of the matter.
II. The parties shall appear before the Assistant Registrar, Firms, Societies and Chits, Azamgarh Division, Azamgarh. The parties shall exchange their respective pleadings and relied on documents.
III. The Assistant Registrar, Firms, Societies and Chits, Azamgarh Division, Azamgarh, shall record a finding in the proceedings book, regarding service of pleadings and documents relied upon by the parties upon their respective adversaries.
IV. The Assistant Registrar, Firms, Societies and Chits, Azamgarh Division, Azamgarh, shall afford an opportunity of hearing, to all concerned parties, including the parties before this Court.
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 Assistant Registrar, Firms, Societies and Chits, Azamgarh Division, Azamgarh. The said parties shall also be provided with copies of the pleadings and documents of their respective adversaries.
VI. The Assistant Registrar, Firms, Societies and Chits, Azamgarh Division, Azamgarh, shall return a finding in this regard in the proceedings book.
VII. The Assistant Registrar, Firms, Societies and Chits, Azamgarh Division, Azamgarh, shall fix a date of hearing and intimate the said date to the concerned parties. The Assistant Registrar, Firms, Societies and Chits, Azamgarh Division, Azamgarh, shall hear the parties on the date fixed.
VIII. The controversy shall be decided by the Assistant Registrar, Firms, Societies and Chits, Azamgarh Division, Azamgarh 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 Assistant Registrar, Firms, Societies and Chits, Azamgarh Division, Azamgarh within a period of four months from the date of receipt of a certified copy of this order.
It is clarified that this Court has not gone into the veracity of the assertions made on merits in the writ petition. It is for the competent authority to do so after due application of mind on the materials and pleadings in the record.
The writ petition is disposed of finally.
Order Date :- 26.9.2019 Dhananjai