SHIV RAM YADAV Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri R.N. Singh, senior advocate, assisted by Sri A.K. Upadhyaya, on behalf of the petitioner and Sri R.N. Yadav on behalf of respondent No. 4. It is not necessary to issue notice to respondent Nos. 5 to 7 in view of the order proposed to be passed by this Court today.

(2.) Petitioner Shiv Ram Yadav has earlier approached this Court by means of Writ Petition No. 14683 of 2003, whereby the order dated 13/17.3.2003, passed by the Registrar Firms, Societies and Chits under Section 5A of the Societies Registration Act was challenged. The said order was challenged amongst other on the ground that the order has been passed without notice and opportunity of hearing to the petitioner. The writ petition was allowed by this Court by means of judgment and order dated 14th October, 2003, with the finding that the order dated 13/17.3.2003, has been passed without notice and opportunity of hearing to the petitioner, hence the order is in violation of the principles of natural justice. The matter was remanded to be decided by the Deputy Registrar, Head Quarter, Lucknow, afresh after affording opportunity of hearing to the parties concerned. The petitioner, not being satisfied with the aforesaid order, filed special appeal, being Special Appeal No. 1121 of 2003. The Division Bench by means of judgment and order dated 13th January, 2004, affirmed the order of the Hon'ble single Judge. However, the direction issued by the Hon'ble single Judge was modified to the extent that the enquiry regarding the disputed sale-deed shall be conducted by the Registrar Societies U. P., Lucknow and shall also be decided by him. The Registrar, in pursuance of the aforesaid directions of the Division Bench of this Court, passed an order dated 27th March. 2004, whereby he maintained that the sale-deed has been executed in violation of the Section 5A of the Societies Registration Act and, therefore, declared the same to be void. The Registrar also cancelled the membership of the petitioner. Against the aforesaid order of the Registrar dated 27th March, 2004, the petitioner filed Writ Petition No. 15057 of 2004. The said writ petition was allowed by this Court by means of the judgment and order dated 12th April, 2004, on the ground that there has been no objective consideration with regards to the resolution dated 9th March, 2003. Therefore, this Court again remanded the matter for decision afresh before the Registrar, Firms, Societies and Chits, Lucknow and for the said purpose parties gave an undertaking before the Hon'ble single Judge to appear before the Registrar on 9th April, 2004. The operative portion of the order of the Hon'ble single Judge dated 12th April, 2004, reads as follows:

(3.) The petitioner, not being satisfied with the order of the Hon'ble single Judge, preferred a special appeal, being Special Appeal No. 518 of 2004. In the said appeal, the petitioner was granted an interim order on 7th May, 2004. From the date of the interim order, it is apparently clear that it is subsequent to the date fixed for appearance before the Registrar with the consent of the parties before the Hon'ble single Judge. However, no reason has been furnished as to why petitioner did not appear before the Registrar on 9th April, 2004. However, because of the interim order passed in special appeal, the Registrar could not decide the dispute.