KRISHAK SHIKSHA PRACHARINI SABHA Vs. THE COMMISSIONER

JUDGEMENT

(1.) ASSISTANT Registrar, Firms, Societies and Chits, exercising powers under Section 12(D) of the Societies Registration Act, 1860, as amended by the State of U.P. Cancelled the registration of the petitioners' Society, vide his order dated 20 -5 -1988,. taking a view that the change of the name of the society was not done in accordance with the registered bye -laws of the Societies and further directing that the application for renewal of the Society, moved by Sri Ishwar Dayal Gupta, Manager of 'Mathur Vaishya Shiksha Paracharini Sabha' Kharigarh (Mainpuri) is renewed for two years from 10 -10 -1979, 10 -10 -1981 and 10 -10 -1983 and permitting them to file the list of the members of their society for the year 1988 -89, under Section 4 -K of the Societies Registration Act. Aggrieved by the aforesaid order, the petitioners filed an appeal before the Commissioner of the Division, who, vide his order dated 16 -5 -1990, dismissed the petitioner' appeal almost in limine, holding that the view taken by the Assistant Registrar is correct in the circumstances of the case.

(2.) IN the present writ petition, under Article 226 of the Constitution of India, the petitioners have challenged the aforesaid two orders, passed by the Assistant Registrar, Firms, Societies and Chits, Agra dated 20 -5 -1988 and the order of the Commissioner dated 16 -5 -1990.

(3.) BEFORE I consider the question, whether the order of the Registrar is within the purview of the Section 12 -D of the Act, some facts are necessary for the decision of the case.