ADYA KATYAYANI SHAKTI PEETH MANDIR KARAMCHARI WELFARE ASSOCIATION Vs. ADYA KATYAYANI SHAKTI PEETH (MANDIR) TRUST

JUDGEMENT

(1.) THIS is a second round of litigation. This round of litigation has been initiated pursuant to a direction issued by the learned Single Judge vide its judgement dated 21.07.2009, passed in the petitioner's own case. The said writ petition was numbered as: WP(C) no. 4390/1998. The direction issued was, that the petitioners, should make a representation to respondent no.1 trust, within four weeks of the date of the judgement, which was, required to be considered by the governing body of the said trust after giving them an opportunity of hearing. Respondent no.1 trust was directed to decide the representation within a period of twelve weeks. It is the decision, on that representation, taken by the governing body, which has been communicated by the secretary of respondent no. trust vide letter dated 18.11.2011.

(2.) IT may be worthwhile to note that the learned Single Judge in his judgement dated 21.07.2009 had indicated that the writ petition gave rise to disputed questions of fact, which required adjudication by an appropriate forum. Reference in respect of the same was placed by the learned Single Judge on the judgement of the Supreme Court in the case of A. Jithendernath vs. Jibilee Hills Coop. House Building Society & Anr. (2006) 10 SCC 96 and Raj Kumar Singh vs Union of India & Ors. JT 2009 (2) SC 58. The learned Single Judge, however, observed that permitting the petitioner to undertake an amendment at that stage, would serve no purpose, and, therefore, the request for amendment was declined. Apart from this, the learned Single Judge also made an observation with regard to the question, as to whether a writ would be maintainable qua respondent no.1 trust. This question, however, was left open in view of the direction issued to respondent no.1 trust to consider the representation of the petitioners.

(3.) IT may be pertinent to note that there are two petitioners arrayed in the present writ petition. The first petitioner, is an employees' association, going by the name Shri Adya Katyayani Shakti Peeth Mandir, Chhattapur, New Delhi, Karamchari Welfare Association, while the second petitioner is the President of the said employees association. The second petitioner, as per the cause title set out in the petition filed, is also representing the employees association.