RIZWANULLAH Vs. STATE OF U.P. AND OTHERS

JUDGEMENT

(1.) HEARD Mr. Rao Narendra Singh, learned Counsel for the petitioner, Mr. Sanjay Kumar, learned Counsel for the respondents and Mr. R.K. Srivastava, learned Standing Counsel. The parties' Counsel agree that this writ petition may be disposed of finally at admission stage.

(2.) IN pursuance to the direction, passed by this Court, by the impugned order, the petitioner's representation has been decided. While deciding the representation, the Registrar, Firms, Societies, Chits and Funds has usurped the power of the Deputy Registrar and entered into merit of the controversy. It has been submitted by the petitioner's Counsel that virtually, the Deputy Registrar by an order has accepted the list of elected body and submission of the representation to the Registrar amounts to review of the order, passed by the Deputy Registrar. In case this Court has directed to decide the representation, it does not mean that the Registrar shall usurp the power of the Deputy Registrar. Duty assigned by the statutory provisions should be exercised only by those authorities to whom power has been delegated and not by any one else.

(3.) IN view of above, it appears that while deciding the representation, the Registrar has entered into the merit of the controversy which should have been adjudicated by only the Deputy Registrar and not by the Registrar. It is very well settled law that the order passed without jurisdiction shall be nullity in law.