PRABANDHAK SABHA RAUHATA UCHCHATAR MADHYAMIK VIDYALAYA Vs. DEPUTY REGISTRAR FIRMS SOCIETIES AND CHITS

JUDGEMENT

(1.) Heard Sri Anil Bhushan on behalf of petitioners, Sri J. K. Srivastava on behalf of respondent No. 2 and standing counsel on behalf of respondent No. 1.

(2.) Prabandhak Sabha Rauhata Uchchatar Madhyamik Vidyalaya, Rauhata Agra. through its Secretary Sri Bhajan Lal, has filed this writ petition against the order dated 19.4.2003, passed by the Deputy Registrar Firms. Societies and Chits, Agra, contained in Annexure-12 to the writ petition. The said order has been passed in exercise of powers under Section 3A of the Societies Registration Act, 1860 (hereinafter referred to as the Act) renewing the registration certificate of the Society by the name of Gram Shiksha Samiti, Rauhata, Agra, with effect from 10.10.1977.

(3.) It is contended on behalf of the petitioner that the Gram Shiksha Samiti was registered under the Act bearing No. 179/1945-46. The said society was registered on 5.2.1946. It is further contended that the registration of the said society was not renewed for decades together and ultimately a resolution was passed by the general body of the society to change the name of the society from its existing name to that of Prabandhak Sabha Rauhata Uchchatar Madhyamik Vidyalaya, Rauhata, Agra. It is further contended that in view of the said resolution of the general body of the society an application for fresh registration of the society was moved. The said application was allowed and the new society was registered on 3.2.1983 bearing registration No. 1962/1982-83. It is further contended that the certificate of the said newly registered society was renewed from time to time and is valid till date. However, on 1.7.2002 the respondent No. 2, Sri Bhajan Lal, moved an application before the Deputy Registrar for the first time seeking renewal of the registration of the society which was originally registered as Gram Shiksha Samiti, Rauhata, Agra. A copy of the said application has been filed as Annexure-9 to the writ petition.