LAWS(ALL)-2008-11-205

COMMITTEE OF MANAGEMENT OF NATIONAL INTEGRATED MEDICAL ASSOCIATION THROUGH ITS SECRETARY/MANAGER AND OTHERS Vs. STATE OF U.P. AND OTHERS

Decided On November 06, 2008
Committee Of Management Of National Integrated Medical Association Through Its Secretary/Manager And Others Appellant
V/S
State of U.P. and others Respondents

JUDGEMENT

(1.) Heard learned Counsel for the appellants.

(2.) This is an appeal against the following order of the learned Single Judge dated 17.9.2008 in a writ petition which is pending:

(3.) The writ petition was filed by the appellants challenging the order dated 18.7.2008 passed by the Prescribed Authority in exercise of jurisdiction under Sec. 25 of the Societies Registration Act, 1860 (hereinafter called the "Act, 1860"). There are two reasons due to which this special appeal cannot be entertained. Firstly, the order impugned in the writ petition was an order passed by the Prescribed Authority in exercise of jurisdiction under Sec. 25 of the Act, 1860 and the Prescribed Authority while exercising jurisdiction under Sec. 25 of the Act, 1860 acts as a Tribunal hence the Special Appeal is barred under Chapter VIII, Rule 5 of Rules of the Court.