Sri Kashi Sarafa Atithi Bhawan Trust v. State of U.P. and 2 Others

Court No. - 10 Case :- WRIT - C No. - 36369 of 2023 Petitioner :- Sri Kashi Sarafa Atithi Bhawan Trust Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rahul Mishra,Sanjay Mishra Counsel for Respondent :- C.S.C. Hon'ble Kshitij Shailendra,J.

¶1Heard Sri Sanjay Mishra, learned counsel for the petitioner and the learned Standing Counsel for the respondents no.1 and 2.

¶2The petitioner's complaint seeking cancellation of registration of society has been rejected by the order impugned dated 27.05.2023.

¶3It is contended by the learned counsel for the petitioner that though there was sufficient documentary evidence produced by the petitioner, the finding recorded in the order impugned that the rejection has been done for want of documentary evidence is perverse.

¶4Learned Standing Counsel submits that the writ petition is not maintainable in view of alternative statutory remedy of filing an appeal under Section 12-D(2) of the Societies Registration Act, 1860.

¶5Learned counsel for the petitioner submits that only 30 days period has been provided as limitation for filing appeal which period has expired in June, 2023 and, therefore, in case the appeal is filed now, the same shall be dismissed as barred by limitation.

¶6Considering the facts and circumstances of the case, the writ petition is disposed of permitting the petitioner to file appeal under Section 12-D(2) of the Act, 1860 before the Commissioner of the Division.

¶7In case such an appeal is filed along with certified copy of this order in the month of November, 2023 itself, the same shall be registered and shall be decided on merits after providing full opportunity of hearing to the respondent no.3, namely, Ravi Kumar Sarafa, on or before 15.02.2024.

¶8The appeal shall not be dismissed on the ground of limitation but shall be decided on merits. Order Date :- 7.11.2023 AKShukla/- High Court of Judicature at Allahabad