Court No. - 54
Case :- WRIT - C No. - 37014 of 2019 Petitioner :- C/M Sri Jain Swatambhar Tirth Society Bhelupur And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Hritudhwaj Pratap Sahi,Samarath Singh,Sankalp Narain Counsel for Respondent :- C.S.C.,Jitendra Pandey
Hon'ble Rajiv Joshi,J.
Order on impleadment application no. 2/2019.
This is an application for impleadment of complainant namely Dhanpat Raj Bhansali as one of the respondents.
Counsel for the petitioners has no objection to the said application. Even otherwise, the impleadment is formal in nature.
The application is allowed. Counsel for the petitioner shall carry out the impleadment during course of the day.
Order on the writ petition
Heard counsel for the petitioner and Sri U.K. Saxena, appearing for the newly added respondent.
The Committee of Management, Sri Jain Swatambhar Tirth Society Bhelupur, Varanasi through its Secretary, filed the present writ petition for quashing the impugned order dated 16.10.2019 passed by the Assistant Registrar, Firms,Societies & Chits, Varanasi, by which the outgoing committee was restrained from demolishing the temple in question.
Contention of the learned counsel for petitioner is that the Assistant Registrar is not vested with the power to pass any interim order. In support of his submission, the learned counsel has placed reliance on a Full Bench decision of this Court in Meerut Collegiate Association, Meerut Vs. Arvind Nath Seth, ( 1982 UPLBEC-82) laying down that an authority does not have power to pass an interim stay order regarding the functioning of the committee of society while pending final adjudication of dispute before it.
The facts reveal that term of the petitioner- committee of management of society came to an end on 23.6.2016 and therefore it has become time barred. Therefore, the Assistant Registrar vide order dated 27.10.2018 (Annexure-8) has directed for holding of election of the society after finalizing the list of the members. The Assistant Registrar is under the process of finalising the list of members and during pendency of the said finalization, a complaint was made to him to the effect that the outgoing committee of management through is president and secretary is going to demolish structure of the temple and dislocate idols of the Deities although they have not such power under the scheme of administration and even for the said purpose, proper resolution should be passed for removing the temple. It was under the above circumstances that the Assistant Registrar has passed the order impugned restraining the petitioner from demolishing the temple and reconstruction of new temple.
In the opinion of the Court, in the absence of proper resolution of the committee of management, no such action to dislocate the temple can be taken. The Full Bench decision in the case of Meerut Collegiate Association (supra) relied on by the counsel for petitioner lays down in regard to functioning of the committee of management of the society and does not say about the changes in the nature of properties of the society, which in the present case is a Temple.
In the facts and circumstances of the case, there appears to be no infirmity or illegality in the order impugned dated 16.10.2019 warranting interference in the writ jurisdiction.
The writ petition lacks merit and is accordingly dismissed.
Order Date :- 28.11.2019 SNT/