BIRSA MUNDA KALA PARISHAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this writ petition, the petitioner has prayed for quashing the order contained in memo no. 964 dated 19.10.2009 (Annexure-9) issued by the Inspector General of Registration, Jharkhand, whereby the petitioner's registration under the Societies Registration Act has been cancelled. According to the petitioner, they are duly registered society being registration no. 7/1995-96. By the impugned order their registration has been arbitrarily cancelled without issuing any notice or informing any reason or giving any opportunity of representation/hearing.

(2.) Learned counsel appearing on behalf of the petitioner submitted that the impugned order is wholly illegal, arbitrary and unsustainable, as the same is violative of principle of natural justice. The impugned order is liable to be quashed by this Court on that ground alone.

(3.) The respondents have opposed the petitioner's prayer. In the counter affidavit filed by the respondents it has been, inter alia, stated that notice was issued to the petitioner, but the petitioner did not prefer to respond to the notice and file any reply to that. The concerned authority, thereafter, considered the facts and materials on record and passed the impugned order cancelling the petitioner's registration on the ground that the petitioner is involved in a case of misappropriation of fund and an F.I.R. has also been lodged and other steps have been taken for the same. Learned counsel submitted that the order is wholly legal and has been passed after affording opportunity to the petitioner. After receiving notice the petitioner appeared but did not file any effective reply and simply avoided the proceeding. The concerned authority, thereafter, considered the facts and materials on record and passed the impugned order.