REV. K.V. ABRAHAM Vs. COMMISSIONER, VARANASI

JUDGEMENT

(1.) This writ petition is directed against an order passed by the appellate authority i.e. Commissioner, Varanasi Division, Varanasi, condoning delay in filing of appeal under Section 12-D(2) of the Societies Registration Act, 1860. The order is challenged essentially on the ground that the Divisional Commissioner exercising his jurisdiction under the Societies Registration Act, 1860 (hereinafter referred to as the 'Act of 1860') has no authority to condone delay under the Act, and since authority does not act as a 'Court', the provisions of the Limitation Act are not attracted, rendering the order illegal for want of jurisdiction.

(2.) Facts relevant for the present purposes are that Pilgrim's Mission, 12, Bungalow, Varanasi, U.P. is a society registered under the provisions of Societies Registration Act, 1860, bearing Registration No.2838 of 1973-74. The society was lastly renewed on 10.10.2010, vide certificate of registration dated 19.10.2010. An application was filed by respondent no.2 before the Registrar, stating that renewal of the society had been obtained by playing fraud, and therefore, it be cancelled. An affidavit was also filed stating facts in support of such application. The Assistant Registrar, Firms, Societies and Chits rejected the application of respondent no.2, vide his order dated 12th March, 2012. This order of Assistant Registrar was challenged before this Court in a Writ Petition No.23181 of 2012, which came to be dismissed, in view of the availability of alternative remedy of filing an appeal, vide order dated 11th May, 2012, which reads as under:-

(3.) In view of the observations made, an appeal has been preferred by respondent no.2 before the Commissioner, Varanasi Division, Varanasi, on 17th May, 2012, alongwith an application under Section 5 readwith Section 14 of the Limitation Act, 1963 for condoning delay in filing of appeal. The appeal was admitted by the Commissioner on 13 th April, 2015. An application was filed by the present petitioner for recall of the order dated 13th April, 2015, on the ground that no opportunity of contest on the aspect relating to condonation of delay had been granted. The Commissioner vide order dated 6.8.2015 adjourned the matter to 20th August, 2015 for hearing the parties on the aspect relating to condonation of delay. An affidavit in opposition to the delay condonation application was also filed. The appellate authority accordingly proceeded to pass an order on 21 st September, 2015 observing that since the appeal has already been admitted, it would be appropriate that all issues be examined together on merits. This order then came to be challenged by filing a Writ Petition No.56016 of 2015, which was entertained, and following interim protection was granted on 1.10.2015:-