ARYA VIDHYA SABHA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Both the above -titled petitions are interlinked, hence the same are being taken up and decided by this common judgment.

(2.) The main controversy pertains to the claim of de facto/valid representation in the form of Arya Vidhya Sabha, Gurukul Kangri, Hariwdar, as has been put forth before the Court by two rival groups being represented herein, one by Mr. Dharmpal Arya at a hand and Mr. Om Prakash Arya on the other.

(3.) In WPMS No.431 of 2015, though Mr. Ved Vrat Sharma and Mr. Swatantra Kumar have been impleaded as respondent nos.3 and 5 respectively in the array of parties, but they are still un -served and thus, have not been rendered hearing by this Court, nonetheless, vide order dated 28.8.2015, petitioner Mr. Dharmpal Arya was directed either to move an application to delete their names or to take steps for effecting service on them. However, the said order remained un -complied in either way. Keeping the issue of service upon the said respondents aside, since this Court is inclined to take a decision in the matter in view of the fact that the Hon'ble Division Bench of this Court, while disposing of the Special Appeal Nos.252 of 2015 and 259 of 2015 presented by either of the groups, requested this Court to dispose of the WPMS No.431 of 2015, and also the connected writ petition, at the earliest and a further request was also made to make every effort to dispose of the matter at any rate within a period of two weeks from the date of that order i.e. 10.8.2015. With such request, the file came up before the Court on board on 28.8.2015 and thereafter, for one reason or the other (being genuine, as can be observed from the order -sheet itself), the final arguments could be completed in the matter on 27.11.2015.