RAGHUBAR DAYAL Vs. COMMISSIONER KANPUR DIVISION KANPUR

JUDGEMENT

(1.) HEARD Sri Vishnu Gupta, learned Counsel for the petitioner, Sri Ashok Khare, Senior Advocate assisted by Sri A.K. Dixit, Sri K.G. Khare, learned Counsel for the Respondent. No. 4 and Sir Piyush Shukla, learned Standing Counsel for the Respondent Nos. 1 to 3.

(2.) THERE is a society duly registered under the Societies Registration Act, 1860 in the name and style of Janta Madhyamik Vidyalaya Samiti, Mohamadabad, Tehsil Bidhuna. Etawah. The said society has established a junior high school in the same name and style, and is recognised under the provisions of Uttar Pradesh Basic Education Act. The said society was originally registered in the aforesaid name on 18th August, 1964 bearing Registration No. 378/1964 -65, File No. 1 -13495. At the relevant time Sri Ram Murti was the President and Sri Raghubar Dayal was the life manager of the said society.

(3.) RESPONDENT No. 4 Sri Maharaj Singh Yadav, however, moved an application before the Assistant Registrar, Societies, Firms and Chits, Kanpur, Respondent No. 3 claiming therein that the original registration of the said Society bearing Registration No. 378/1964 -65 on File No. 1 -13495 dated 18th August, 1964 be renewed and the new registration of the said society in the same name and style, as has been done under Registration No. 3687/1 -2880 dated 9th January, 1973 be cancelled. The Assistant Registrar on receipt of the said application of the Respondent No. 4, Sri Maharaj Singh Yadav, issued notices to the parties and after affording opportunity of hearing to the parties concerned by means of the order dated 12th February, 1992 in exercise of power under Section 12 -D(1) of the Societies Registration Act, 1860 revoked the registration of the new Society bearing Registration No. 3687/1 -2880 dated 9th July, 1973 and directed that the original registration of the Society bearing Registration No. 378/1964 -65, file No. 1 -13495 dated 18th August, 1964 be renewed.