Court No. - 10
Case :- SPECIAL APPEAL No. - 361 of 2018 Appellant :- Ram Niwas And Another Respondent :- State Of U.P. And 4 Others Counsel for Appellant :- Sanjay Srivastava Counsel for Respondent :- C.S.C.,Rajeshwar Singh
Hon'ble Vikram Nath,J. Hon'ble Suneet Kumar,J.
Heard learned counsel for the petitioner and Sri Chandrabhan Singh representing the respondent nos. 4 and 5 and Sri A.K. Goel, learned Additional Chief Standing Counsel representing the respondent nos. 1, 2 and 3.
Learned Single Judge of this Court had allowed the writ petition vide judgment and order dated 27.03.2018, whereby, the order passed by the Sub-Divisional Magistrate Mohammadabad-Gohna, District Mau, dated 12 June 2017, passed in proceedings under Section 25 of the Societies Registration Act 1860, was set aside. It has already been held that the order under Section 25 of the Societies Registration Act, 1860, passed by the prescribed authority is an order passed by the Tribunal and, as such, this intra-court appeal under Chapter VIII Rule 5 of the High Court Rules would not be maintainable.
Reliance has also been placed by the learned counsel for the respondent upon a judgement passed by the Division Bench of this Court in the case of Jai Prakash Agarwal Versus Prescribed Authority (Sub-Divisional Magistrate), Sadar, District Deoria and others, [(1999) 1 UPLBEC 697].
The appeal is, accordingly, dismissed.
Order Date :- 25.4.2018 K.K. Maurya (Suneet Kumar, J) (Vikram Nath, J)