AMAR SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed by the petitioner for issuing a mandamus commanding the respondent No. 2 (incorrectly typed as petitioner No. 2) to register the society as Police Parivarik Kalyan Sansthan.

(2.) The brief facts for the purpose of present writ petition as stated in the petition are that the petitioner applied to the Registrar, Firms, Societies and Chits, U.P. for registration of a society, known as All India Police Family Welfare Organization under the Societies Registration Act, 1960. It appears that the Registrar referred the matter to the Director-General of Police to elicit his opinion but no reply was received from the Director-General of Police, then reminders were sent to the Director-General of Police, by the Registrar under the Societies Registration Act. The matter was being delayed, hence Writ Petition No. 5350 of 1993 was filed by one Rajendra Singh Yadav in the High Court for a direction to be issued to Director General of Police to issue a no objection certificate. The aforesaid writ petition was disposed of with a direction that the matter may be considered by the Director-General of Police and proper action may be taken by him within a month from the date of production of a certified copy of the order before him and the proceedings relating to the registration of society may be completed by the Registrar in accordance with law within one month from the date of receipt of the reply from the Director-General of Police. This judgment was delivered by Division Bench of this Court on 23rd November, 1993. It appears that the Director-General of Police, U.P., raised objection and opposed the registration of the said society vide letter dated 28-12-1993. A copy of which has been filed by the petitioner as Annexure-4 to the Writ Petition. Paragraph 11 of the aforesaid letter of the Director-General of Police is relevant, wherein he has said that Brijendra Singh Yadav, the President of the society is a dismissed constable who was removed for his in disciplined activities from the police force and the aim and object of the propose institution is to encourage indiscipline in the Police Department. The D.G.P. also quoted police Force Registration of Right Act, 1966. Enforcement of Police Force Registration of Right Act, 1966 and the Police Incitement to Discipline Act, 1992. It further appears that on 30th November, 1993, the Registrar, Firms, Societies and Chits, UP., Lucknow had referred the matter to the State Government and the State Government considered the report of D.G.P. dated 28th December, 1993 and the Joint Secretary, U.P. Government on 4th January, 1994 wrote a letter to the Registrar that the State has taken decision that the firm in question "Police Parivarik Kalyan Sansthan, Jhansi' should not be registered. This letter has been filed as Annexure-3 to the present writ petition. On 30th December, 1994 the Assistant Registrar wrote a letter to the present petitioner Amar Singh, in which he referred the report of the D.G.P. Specially paragraphs 11 and 12 of the report and rejected the application for registration. This document has been filed as Annexure-5 to the present writ petition.

(3.) Challenging this order dated 30th December, 1994 a writ petition was filed in the High Court, which was numbered as Writ Petition No. 1500 of 1995. This writ petition was disposed of by the High Court on 18th April, 1995. A copy of the judgment has been filed as Annexure-2 to the writ petition. The relevant extract of1 the judgment is quoted as under:" Learned Standing Counsel on the other hand, submitted that if the objection raised by the department has been removed by the petitioner society, petitioner may make a fresh application for registration before the concerned authority which shall be disposed of in accordance with law. Having heard learned Counsel, for the parties, I do not find any merit in this writ petition and it is accordingly dismissed. However, it would be open to the petitioner to make a fresh application in accordance with law before the competent authority for registration of the society and if such an application is filed before the concerned authority the same shall be disposed of a reasoned order expeditiously preferably within a period of these months from the date of submission of such application."