Court No. - 54
Case :- WRIT - C No. - 42797 of 2019 Petitioner :- C/M Sri Kabir Purusharth Shikshan Sansthan And Another Respondent :- State Of U.P. And 16 Others Counsel for Petitioner :- Santosh Kr. Singh Paliwal Counsel for Respondent :- C.S.C.
Hon'ble Rajiv Joshi,J.
Heard counsel for the petitioner and learned Standing counsel for the State.
The present with petition has been filed with the following reliefs:-
"(i) issue a writ, order or direction in the nature of certiorari and quash the impugned orders dated 13.9.2018 & 5.8.2019 (Annexure- 13 and 14) passed by respondent no.3/ Prescribed Authority/ Sub-Divisional Magistrate, Barhaj, District- Deoria.
(ii) issue a writ, order or direction in the nature of mandamus commanding the respondent no.3 to consider and decide the application of the petitioners dated 6.6.2018 within a period to be specified by this Hon'ble Court.
(iii) issue any other writ, order or direction which this Court may deem fit and proper in the facts and circumstances of the case."
The petitioner is confined with the second prayer and submits that in the reference proceedings, he filed an application dated 6.6.2018 questioning the maintainability of the reference before the respondent no.3/ Prescribed Authority/ Sub-Divisional Magistrate, Barhaj, District- Deoria under Section 25 (1) of the Societies Registration Act, the said application remain pending till date and no effectiv order has been passed by respondent no.3/ Prescribed Authority/ Sub-Divisional Magistrate, Barhaj, District- Deoria till date.
No useful purpose purpose would be served by keeping the writ petition pending or calling any counter affidavit.
On the facts and circumstances of the present case, the writ petition is disposed of with the direction to respondent no.3/ Prescribed Authority/ Sub-Divisional Magistrate, Barhaj, District- Deoria to decide the application of the petitioners dated 6.6.2018 appended as annexure no 9 to this writ petition in accordance with law as expeditiously as possible preferably within a period of three months from the date of the production of the certified copy of this order.
Order Date :- 20.12.2019/Akbar