Court No. - 49
Case :- WRIT - C No. - 13861 of 2019 Petitioner :- The C/M Samaj Sewak Samiti And Another Respondent :- State Of U.P. And Another Counsel for Petitioner :- Ashish Kumar Ojha,Ratnakar Upadhyay,Sri Radha Kant Ojha (Senior Advocate) Counsel for Respondent :- C.S.C.,A.M. Tripathi,D.S.M. Tripathi
Hon'ble Ajit Kumar,J.
By means of this writ petition under Article 226 of the Constitution of India, the petitioners have sought a relief in the nature of mandamus commanding the respondents Assistant Registrar, Firms, Societies Evam Chits, Prayagraj to permit the recording of statement of one Sri Ram Nath Upadhyay who happens to be a century old man and is not in a position to move out. Since locomotive activity of Sri Ram Nath Upadhyay is restrained to his house only and is admitted as such to the parties, this Court finds that proper adjudication as directed by this Court in its order dated 7th March, 2019 in Writ-C No. 43320 of 2018 can only be done in the event Assistant Registrar, Firms, Societies Evam Chits, Prayagraj appoints someone to get statements recorded.
To the above preposition, learned counsel for the respondent, Sri D.S.M.Tripathi has not objection.
In view of above and with the consent of the parties, writ petition is disposed of with direction to the Assistant Registrar, Firms, Societies Evam Chits, Prayagraj, either himself or by an officer of his office to be appointed by him shall get the statement of Sri Ram Nath Upadhyay recorded in presence of rival contesting parties on a pointed date to be fixed by him within a week from the date of production of certified copy of this order and both the parties shall cooperate in the matter.
Since order is being passed in presence of counsel for respondent no. 3 both the petitioners and respondents shall appear before the Assistant Registrar, Firms, Societies Evam Chits, Prayagraj alongwith certified copy of this order within three days from today and the Assistant Registrar shall proceed in accordance with law as per directions given herein above With the aforesaid observations and directions, the writ petition is disposed of.
Order Date :- 26.4.2019 Sanjeev