Court No. - 18
Case :- WRIT - C No. - 23311 of 2021 Petitioner :- Subhash Chandra Upadhyay And 14 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Rajesh Kumar Singh,Prabhakar Awasthi Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
The proceedings under Section 4B of the Societies Registration Act, 1860, have been taken out to determine the valid list of members of the society. The petitioners claim to be members of the society. They have submitted their objections before the Assistant Registrar, Firms, Societies and Chits, Varanasi Region, Varanasi.
The only prayer made by Shri Prabhakar Awasthi, learned counsel for the petitioners is that the Assistant Registrar, Firms, Societies and Chits, Varanasi Region, Varanasi, before finalizing the list of members may consider their objections.
Learned Standing Counsel submits that the Assistant Registrar, Firms, Societies and Chits, Varanasi Region, Varanasi, is under an obligation of law to consider the objections submitted by persons who claim valid members of the society.
Considering the submissions of learned counsel for the parties, no useful purpose would be served by exchanging the pleadings and keeping this writ petition pending. With consent of parties, the writ petition is being disposed of.
The matter is remitted to the Assistant Registrar, Firms, Societies and Chits, Varanasi Region, Varanasi.
A writ in the nature of mandamus is issued commanding the Assistant Registrar, Firms, Societies and Chits, Varanasi Region, Varanasi, to execute the following directions:
(I) The Assistant Registrar, Firms, Societies and Chits, Varanasi Region, Varanasi, shall decide the objections/representations of the petitioners before finalizing the valid list of the members of the society in proceedings under Section 4B of the Societies Registration Act,1860, in accordance with law within a period of four months from the date of receipt of a computer generated copy of this order, downloaded from the website of High Court, Allahabad. Authority/official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad and shall make a declaration of such verification in writing.
(II) The Assistant Registrar, Firms, Societies and Chits, Varanasi Region, Varanasi, shall give an opportunity of hearing to all parties who will be adversely affected and any other necessary parties before the final order is passed.
(III) All parties to the lis are directed to cooperate with the proceedings before the Assistant Registrar, Firms, Societies and Chits, Varanasi Region, Varanasi.
With the aforesaid directions, the petition is finally disposed of.
Order Date :- 20.9.2021 Dhananjai