Court No. - 54
Case :- WRIT - C No. - 24993 of 2019 Petitioner :- C/M Navjagran Ambedkar Samiti And 2 Others Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Om Prakash Singh,Gautam Baghel Counsel for Respondent :- C.S.C.
Hon'ble Ajit Kumar,J.
The argument advanced by the learned counsel for the petitioner is that the petitioner Society was registered at the time when there was no such registered society in existence, however, registration of society earlier existing in the same name got fraudulently renewed on 12.04.2016 against which the petitioners' objection dated 02.11.2016 is still pending consideration before the Assistant Registrar, Societies.
The argument therefore, is that the petitioner society cannot be said to have got registered in the name of a society which was already in existence.
Learned counsel forthe petitioner has placed reliance upon a judgment of this Court in the case of Maharana Pratap Shiksha Parishad and others v. Commissioner, Agra Division, Agra, 1994 AWC 376.
Matter requires consideration.
Issue notice to respondent no. 3 returnable within six weeks.
State respondents may also file counter affidavit within the aforesaid period.
List on the date indicated in the notice.
In the meanwhile until further orders of this Court, the effect and operation of the order dated 06.04.2019 passed by the Assistant Registrar, Firms Societies and Chits, Azamgarh Region, Azamgarh (Annexure No. 6 to the writ petition) shall remain stayed. However, it is made clear that the pendency of this petition or the interim order passed herein above, shall not affect the hearing on the objection of the petitioner dated 02.11.2016 pending before the Assistant Registrar, Societies concerned.
Order Date :- 30.7.2019 IrfanUddin