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2019 Supreme(Bom) 20

R.K.DESHPANDE, VINAY JOSHI
Janardan s/o Gulabrao Moon – Appellant
Versus
State of Maharashtra, through its Secretary, General Administration Department – Respondent


Advocates Appeared:
For the Petitioner:Shri. A.R. Ingole, Advocate
For the Respondent:Shri. Anand Deshpande, Additional Government Pleader, Shri. Sunil Manohar, Senior Advocate, assisted by Shri. S.D. Abhyankar, Advocate

JUDGMENT :

R.K. DESHPANDE, J.

1. Rule. The learned counsels appearing for the parties waive service of notice. The petition is being finally disposed of.

2. The challenge in this petition is to the order dated 4-10-2017 passed by the Assistant Registrar of Societies, Nagpur, rejecting Application No.615 of 2017 for grant of permission to register a charitable society under the name and style of “Rashtriya Swayansevak Sangh” along with the Memorandum of Association, Rules and Regulations and other relevant documents enclosed with it. The application was opposed by the respondent Nos.3 to 6, who were the objectors, claiming that the society under the name and style of “Rashtriya Swayansevak Sangh” has already been registered at Chandrapur vide Registration No.MH-08/D0018394 by the Indian Government since 1925 and they are the members of such society. According to the objectors, the petitioner cannot claim registration of the society under the name and style of “Rashtriya Swayansevak Sangh” in view of the bar created under Section 3-A of the Societies Registration Act, 1860.

3. The Assistant Registrar, in the impugned order, has recorded the finding that there is no documentary evidence i















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