Court No. - 29
Case :- SPECIAL APPEAL No. - 210 of 2019 Appellant :- Committee Of Management, Sita Ram Krantikari Purva Madhyamik Vidyalaya And Another Respondent :- Assistant Registrar And 3 Others Counsel for Appellant :- Prabhakar Awasthi Counsel for Respondent :- C.S.C.,Mrigraj Singh,Sanjay Kumar Singh
Hon'ble Pankaj Mithal,J. Hon'ble Saumitra Dayal Singh,J.
Committee of Management Sita Ram Krantikari Purva Madhyamik Vidyalaya Mahanpur, District Jaunpur through its manager and its manager Subedar Singh filed a writ petition seeking a direction upon the Assistant Registrar, Firms, Societies and Chits, Varanasi for taking a decision with regard to the renewal of the Society and to renew it.
The said writ petition was disposed of by the order impugned dated 17.01.2019 observing that the only prayer made by the counsel for the petitioner-appellants is that as the application for renewal of the registration of the Society may be directed to be decided within a stipulated period and that since there is no serious objection by the Standing Counsel, the application for renewal registration of the Society be decided by the Registrar by reasoned and speaking order after giving opportunity of hearing to the rival Committee of Management i.e. the petitioner-appellants and other necessary parties, if possible, within a period of four months.
In challenging the aforesaid order the submission of Sri Prabhakar Awasthi, learned counsel for the petitioner- appellants is that the aforesaid order has been obtained by concealment of material facts and by setting a person, who was not even counsel as counsel for the petitioner- appellants.
Be as it may be, a bare perusal of the impugned order dated 17.01.2019 reveals that it does not affect any of the substantive rights of either of the parties inasmuch as it only directs for consideration of the application for the renewal of the registration of the Society after hearing the parties concerned. The appellants therefore, may appear and participate in the proceedings so as to oppose the renewal of registration if necessary, there is no occasion for filing this appeal.
In view of the aforesaid nature of the order the petitioner- appellants even if were not properly heard by the writ court cannot be aggrieved party to challenge the said order. In case the petitioner-appellants allege any concealment of facts, the better option open to him to apply for the recall of the impugned order otherwise they can appear before the Assistant Registrar, Firms, Societies and Chits, Varanasi and convenience him about the merits of his case in the matter for consideration of the renewal of the registration of the Society.
The appeal lacks merit and is dismissed.
Order Date :- 25.2.2019 piyush