COMMITTEE OF MANAGEMENT HARI SHYAM KHADI GRAM UDYOG SEWA SABHA MALAK HARHAR ALLAHABAD Vs. STATE OF U P

JUDGEMENT

(1.) Z

(2.) Heard Sri Ashok Khare, senior advocate, assisted by Sri Rajesh Rai and Sri S. D. Shukla, advocates, on behalf of petitioners, Sri Sashi Nandan, senior advocate assisted by Sri R. K. Ojha, advocate on behalf of respondent No. 6 and learned standing counsel on behalf of respondent Nos. 1 to 5.

(3.) THE Basic Shiksha Adhikari vide his 16th February, 1989 held that there are two rival societies duly registered under the Societies Registration Act, 1860, claiming a right to manage the institution and therefore, it would be appropriate that the dispute be decided by the Registrar, Firms Societies and Chits on 28th August, 1989. THE Assistant Registrar, Firms, Societies and Chits in turn held that both the societies are duly registered under the Societies Registration Act, 1860 and therefore, their rights be examined by appropriate court. THE Basic Shiksha Adhikari on 19th September, 1989 recognised the society with Ravindra Nath Mishra as Secretary/Manager, as entitled to manage the institution. This order was challenged by Ashthbhuja Prasad Dubey in his capacity as Manager of the other society by means of Civil Misc. Writ Petition No. 20957 of 1990. THE writ petition was allowed under judgment and order dated 21st September, 1993 with a direction upon the Basic Shiksha Adhikari to decide as to which of the society is entitled to manage the institution. THE Basic Shiksha Adhikari on 10th January, 1994, maintained his earlier order dated 19th September, 1989. This order of the Basic Shiksha Adhikari was challenged by Ashtabhuja Prasad Dubey by means of Civil Misc. Writ Petition No. 8577 of 1994. THE writ petition was finally allowed vide judgment and order dated 22nd April, 2004 and the order of the Basic Shiksha Adhikari dated 10th January, 1994, was quashed. THE Basic Shiksha Adhikari was directed to decide the issue afresh in light of the observations made in the writ petition. This Court further recorded that under the provisions of the Societies Registration Act, 1860, renewal of the society can be obtained in changed name and that such registration can be renewed even if the term of the earlier registration of the society has expired, with specific reference to Section 3 (3) of the Societies Registration Act, 1860.