RAM DEV SINGH Vs. COMMISSIONER GORAKHPUR

JUDGEMENT

(1.) D. S. Sinha, J. Heard Sri Shyamal Narain, learned counsel appearing for the petitioner, at length and in detail. Sri H. R. Mishra, learned Standing Counsel appearing for the responpent No. 1, has also been heard.

(2.) AN appeal under Section 12-D (2) of the Societies Registration Act, 1860, hereinafter called the Act, is pending before the Commissioner, Gorakhpur Division, Gorakhpur. In this appeal the petitioner figures as respondent. On 7th February, 1995, which was the date fixed for hearing the arguments and the arguments on behalf of the appellant therein had concluded, the petitioner made a prayer for adjournment. The prayer of the petitioner for adjournment was granted. However, while granting adjournment the appellate authority imposed upon the petitioner courts amounting to Rs. 50. It appears that on earlier occasion the petitioner had raised objection about the maintainability of the appeal also which has not been decided.

(3.) THE writ of prohibition is issued when it is demonstrated a ad proved that the concerned authority lacks jurisdiction to deal with the proceedings indisputably, the Commissioner of the Division, in whose jurisdiction the headquarter of the society lies, has been empowered by sub-section (2) of Section 12-D of the Act to entertain an appeal against the order passed by the Registrar exercising power under sub- section (1) of Section 12-D of the Act. It is not disputed that the headquarter of the society in respect of which the dispute is involved is situate within the jurisdiction of the Commissioner of Gorakhpur Division who is seized of the appeal of the respondent No. 4. Thus, in the opinion of the court the Commissioner, Gorakhpur Division does not lack jurisdiction to entertain the appeal and decide the same. Writ of prohibition, therefore, cannot be issued.