Court No. - 16
Case :- WRIT - C No. - 28764 of 2018 Petitioner :- C/M Rajarshi Purushottam Tondon Laghu Madhyamik Vidyalayaand Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bheem Singh Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sangeeta Chandra,J.
Heard learned counsel for the petitioners and learned Standing Counsel appearing for the State respondent Nos. 1 and 2.
The petitioner is aggrieved by the order dated 10.08.2018 passed by the respondent No. 2 by which the list submitted by the petitioners for being registered under Section 4 of the Societies Registration Act, has been rejected on the ground that it has been found 'suspicious'. On the other hand the respondent No. 3 has been asked to submit his list under Section 4 of the Societies Registration Act, and get it registered for the year 2018-19.
The learned counsel for the petitioners submits that from a bare perusal of the order impugned it is evident that Assistant Registrar has exercised his power under Section 4-B as amended and in case he was deciding the dispute between two lists submitted by the rival claimants, at least show-cause notice should have been issued to the petitioners and his reply should have been considered.
From a perusal of the order it is clear that the said order is completely non speaking and therefore, this Court considers it appropriate to set it aside and remand the matter to the Assistant Registrar to pass a fresh reasoned and speaking order in accordance with law after giving opportunity of hearing to all concerned.
The writ petition is partly allowed.
Order Date :- 24.8.2018 A. Tripathi