JUDAV Vs. THE STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) Aggrieved by order dated 20.09.2010 and order dated 12.07.2013, the petitioner-Judav, has approached this Court by filing the present writ petition.

(2.) Briefly stated, the facts of the case are that, the petitioner-NGO is registered under the Societies Registration Act, 1860. The petitioner claims that it has worked in the field of education, health, flood relief, organic farming and it is engaged in training and empowerment programme. The General Body members of the petitioner-Society are pioneers in social work. The petitioner-Society has been granted permission under the Foreign Contribution (Regulation) Act, 1976 and its accounts are audited regularly. In connection with the land acquisition for establishing a thermal power plant at Kathikund, the local people started protests and agitations. In one of such incidents, an F.I.R. being Kathikund P.S. Case No. 68 of 2008 was lodged in which one of the members of the General Body of the petitioner-Society namely, Mr. Ghanshyamjee was also named as an accused in the charge-sheet filed on 25.02.2009 for offence under Sections 147, 148, 149, 341, 323, 188, 353, 333, 307, 379 and 120B IPC and under Sections 25(1-b)1/27 of the Arms Act and under Section 17 of the C.L.A. Act. The petitioner-Society which is a legal and juristic person is not made an accused. The petitioner-Society has no concern with the personal life and activities of its member namely, Mr. Ghanshyamjee and it has issued a show-cause notice dated 14.05.2009 to him seeking his explanation about the above criminal case lodged against him. The Assistant Inspector General of Registration-respondent No. 4 issued letter dated 19.10.2009 to the petitioner directing the Secretary of the petitioner-Society to appear before the Inspector General of Registration. Though, notice dated 19.10.2009 indicates that the said letter was issued in response to a letter of the Deputy Commissioner, Dumka however, a copy of the letter written by the Deputy Commissioner, Dumka was not furnished to the petitioner. On 30.10.2009, the authorized representative of the petitioner appeared before the respondent No. 3. The Registration of the petitioner-Society was cancelled by a non-speaking order by the respondent No. 3 vide order contained in letter dated 16.11.2009. Challenging the order of cancellation dated 31.10.2009, the petitioner approached this Court in W.P.(C) No. 5538 of 2009 which was disposed of on 06.08.2010, permitting the petitioner to file its show-cause reply and the respondent No. 3 was directed to pass a speaking order after affording opportunity to the petitioner for explaining its case. The respondent No. 3 vide order dated 20.09.2010, instead of deciding the matter, remitted the matter to the Deputy Commissioner, Deoghar for enquiry. The petitioner was again constrained to approach this Court by filing writ petition being, W.P.(C) No. 5687 of 2010 which was dismissed on 20.06.2011 however, a liberty was given to the petitioner to avail the alternative remedy of Appeal. Thereafter, the petitioner preferred Registration Appeal Case No. 24 of 2011 before the Member, Board of Revenue. The Appeal preferred by the petitioner was dismissed in a mechanical and casual manner, vide order dated 12.07.2013. Constrained, the petitioner has approached this Court again.

(3.) In the counter affidavit, the respondents have taken a plea that in compliance of order dated 06.08.2010 in W.P.(C) No. 5538 of 2009 passed by this Court, after hearing the petitioner the Inspector General of Registration passed order dated 20.09.2010 whereby, the earlier order dated 31.10.2009 was not recalled. A decision to cancel the registration of the petitioner-Society was taken after examining letter dated 03.07.2009 of the Superintendent of Police, Dumka, letter dated 10.07.2009 of Deputy Commissioner, Dumka and other materials on record. The Home Department, the Government of Jharkhand has also found office bearers of the petitioner-Society having close connection with extremists organization and in this connection the Principal Secretary, Department of Home has written letter dated 17.08.2010. It is stated that the main object of registration under the Societies Registration Act is to promote charitable and welfare activities and not to promote subversive and criminal activities. It is stated that the order passed by the Inspector General of Registration on 20.09.2010 is a speaking order and it has been passed in the interest of public and in the interest of the State.