ASHOK GRAMODYOG SANSTHAN Vs. PUBLIC IN GENERAL

JUDGEMENT

(1.) The present writ petition, under Article 227 of the Constitution of India, has been preferred by the petitioner to assail the order dtd. 8/12/2022, passed by the Ist Additional District Judge, Haridwar, District Haridwar, in Misc. Case No.07 of 2022, whereby the application preferred by the petitioner- society under Sec. 5A of the Societies Registration Act, as amended by the Uttarakhand Amendment Act No.04 of 2019, has been dismissed, and the permission sought by the petitioner to transfer the land of the Society has been denied.

(2.) The submission of learned counsel for the petitioner is that under Sec. 5A of the Societies Registration Act, the Governing Body cannot transfer, without the previous approval of the Court, any immovable property belonging to such society. Explanation (1) states that the expression 'Court' has the same meaning as assigned to it in Sec. 13. Sec. 13 of the Societies Registration Act, as applicable in the State of Uttarakhand, shows that 'Court' means the Principal Court of original jurisdiction of the district, in which, the registered office of the Society has been situated.

(3.) Learned counsel for the petitioner submits that, firstly, the petitioner- society is not registered in the State of Uttarakhand with the Registrar of the Societies. The petitioner has placed on record the registration certificate of the petitioner- society issued by the Registrar of Societies of Uttar Pradesh, dtd. 1/2/2022, which records that the petitioner- society has its registered office at 30/A/23, Madanpur Colony, Chilkana Road, Saharanpur- 247001, and it was issued registration vide Registration Certificate No.1601, dtd. 2/11/1991, which has been renewed for a period of five years on 2/11/2021.