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SARVOYDAYA DEGREE COLLEGE ASSOCIATION AND ANOTHER versus STATE OF U.P. THRU' SECRY., HIGHER EDUCATION AND OTHERS

High Court of Judicature at Allahabad

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Sarvoydaya Degree College Association And Another v. State Of U.P. Thru' Secry., Higher Education And Others - WRIT - C No. 59704 of 2006 [2006] RD-AH 18572 (2 November 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

                                                                               Court No.33

Civil Misc. Writ Petition No. 59704 of 2006

Sarvodaya Degree College Association Ghosi, Mau and another

Versus

The State of U.P. and others

Hon'ble Vineet Saran, J

Heard learned counsel for the petitioners as well as learned Standing Counsel appearing for Respondents no.1 and 2 and Sri R.K.Ojha along with Sri Arvind Upadhyay on behalf of the contesting Respondent no.3. With consent of the learned counsel for the parties, this writ petition is being disposed of at this stage without calling for a counter affidavit.

It is the case of the petitioners that on 28.10.2005 the renewal of the registration certificate of the society was ordered for a period of five years with effect from 10.10.2005. Challenging the said order, Respondent no.3 had filed writ petition no. 10555 of 2006 in which no interim order was passed. However, on an application filed by Respondent no.3, the Assistant Registrar has, vide the impugned order dated 4.10.2006, directed that in view of certain petitions pending in the High Court, the renewal granted be kept in abeyance and the said renewal certificate be returned to the Assistant Registrar.

Sri M.D.Singh Shekhar, learned counsel for the petitioners, has submitted that once a right has accrued in favour of the petitioners, the same could not have been withdrawn without affording an opportunity of hearing to the petitioners and since the impugned order has been passed against the principles of natural justice, the same is liable to be quashed.

Sri Ojha, learned counsel appearing on behalf of Respondent no.3, has, however, submitted that the renewal of the registration certificate was obtained by the petitioners without disclosing the fact that serious dispute with regard to the office bearers of the Committee of Management was pending and as such the impugned order is fully justified.

Considering the fact that the impugned order has been passed against the principles of natural justice, as no notice was given to the petitioners before passing the same, in my view, the same deserves to be set aside.

Accordingly, the impugned order dated 4.10.2006 passed by the Assistant Registrar is quashed. However, the Assistant Registrar, Respondent no.2,  may pass fresh order, in accordance with law, after giving an opportunity of hearing to the petitioners as well as Respondent no.3 and other concerned parties, if there be any. Learned counsel for the parties agree that their clients shall appear before the Assistant Registrar on 13.11.2006 at 10.00 A.M., on which date the Assistant Registrar may either hear the parties on the objection of Respondent no.3 or fix a short date thereafter for such purpose and decide the objections of the Respondent no.3, in accordance with law, by speaking order, as expeditiously as possible, preferably within a period of six weeks from the said date.

This writ petition stands allowed to the extent indicated above. No order as to cost.

Dt/-2.11.2006

dps                


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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