Court No. - 34
Case :- WRIT - C No. - 27123 of 2018 Petitioner :- C/M Panchasheel Uchchatar Madhyamik Vidhyalay Samiti Respondent :- State Of U.P. And Another Counsel for Petitioner :- Ramesh Singh Kushwaha Counsel for Respondent :- C.S.C.
Hon'ble Sudhir Agarwal,J.
1. Heard Sri R.S.Kushwaha, learned counsel for the petitioner and learned Standing Counsel for respondents.
2. The petitioner is seeking a writ of mandamus commanding respondents Assistant Registrar, Firms, Societies and Chits,Varanasi to issue a certified copy of list of members of Committee of Management, Panchasheel Uchchatar Madhyamik Vidhyalay Samiti, Rukundipur, Post Nonahara, District Ghazipur for Session 2018-19 referring to Section 19 of Society Registration Act, 1860 (hereinafter referred to as "Act, 1860") and Rule 11 of Uttar Pradesh Society Registration Rules, 1976 (hereinafter referred to as "Rules, 1976").
3. Counsel for petitioner drew my attention to his letter dated 22.6.2018 sent by registered post to Assistant Registrar stating therein that he has submitted application in the office but it was not accepted hence he is sending aforesaid letter by registered post. Section 19 of Act, 1860, as amended in State of U.P., reads as under:
"Inspection of documents. Certified copies.- Any person may inspect all documents filed with the Registrar under this Act on payment of such fee as the State Government may, by notification in the Official Gazette fix; and any person may require a copy or extract of any document or any part of any document, to be certified by the Registrar, on payment of such fee as the State Government may, by notification in the Official Gazette, fix; and such certified copy shall be prima facie evidence of the matters therein contained in all legal proceedings whatever."
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4. In these facts and circumstances, writ petition is disposed of permitting petitioner to submit his application and deposit requisite fee, as provided under aforesaid provision, and, on submission of such application, Competent Authority shall comply with provisions of Section 19 of Act, 1860 and issue certified copy without any further delay and, in any case, within one month from the date of submission of application and depositing requisite fee by petitioner.
Order Date :- 23.8.2018 KA