[2006(6) ADJ 589]
ALLAHABAD HIGH COURT
BEFORE : V.K. SHUKLA, J.
GANDHIAN INSTITUTE OF STUDIES, VARANASI ..Petitioners
Versus
4TH A.D.J., VARANASI AND OTHERS ...Respondents
(Civil Misc. Writ Petition No. 13628 of 2003 connected with C.M.W.P. Nos. 56277-56278 of 2004, 23650, 45639 of 2003 and 54416 of 2004, decided on 24th August, 2006)
Hon’ble V.K. Shukla, J.—Gandhian Institute of Studies, Varanasi (hereinafter referred to as GIS), is a society registered under the Societies Registration Act, 1860. The said society was founded in the year 1960 by Jai Prakash Narain and other like minded people, and the same was got registered under the Societies Registration Act, 1860 in the year 1962. The aims and objects of the said society were to disseminate Gandhian thoughts and philosophy and engage in many fold academic activities including research, seminar, science on issues ranging from technology and the use of Gandhian thoughts in the modern world to study of weaker Sections and women etc. In the year 1977 Indian Council of Social Sciences and Research (ICSSR), a nodal body of the Ministry of Human Resources Development (MOHRD), Government of India started giving financial aid for the activities of Gandhian Institute of Studies (GIS). Large scale complaints were made and during the period starting with effect from 1994-97 Special Audit Team raised various objections, and based on the said objections, ICSSR as well as Government of U.P. stopped the grant-in-aid to GIS, which was on fifty - fifty per cent basis. Registration of the society was going to expire, as such an application for its renewal was moved on 17.7.2000 to renew the same with effect from 10.10.2000. The Assistant Registrar, Firms, Societies and Chits was not taking any action on the said renewal application, and in this background, Civil Misc. writ petition No. 44484 of 2000 was filed for issuing a writ in the nature of mandamus directing the Assistant Registrar/Registrar to renew the registration certificate of the petitioner society for five years with effect from 10.10.2000 to 10.10.2005. This Court on 17.10.2000 directed the Assistant Registrar to dispose of the application for renewal filed by the petitioner within 45 days. Petitioner has contended that certified copy of the said order passed by this Court was supplied to Assistant Registrar on 25.10.2000, and thereafter, the Assistant Registrar, Firms, Societies and Chits on 21.11.2000 demanded certain documents. The said documents were to be produced personally on or before 27.11.2000. It has been contended that Registrar of the petitioner institute on 28.11.2000 produced all relevant documents, but in spite of the same Renewal application was rejected on 5.12.2000. The said action of the Assistant Registrar dated 5.12.2000 refusing to renew the registration of society has been subject matter of challenge in Civil Misc. Writ Petition No. 54416 of 2000. In the aforementioned writ petition this Court on 15.1.2001 passed following order, which is being quoted below :
“As prayed put up on 23.1.2001. On that date learned Counsel for the petitioner will submit all the original documents required by letter of the Registrar of the Societies dated 21.11.2000, Annexure-16 to the writ petition as well as another set of photo copies of documents and the same set of photostat copies will be retained on the file and original documents will be handed over to the learned Standing Counsel for onward transmission to the Registrar of Societies so that it may be reconsidered as required by him within the prescribed time.”
While proceeding for renewal were going on, notice dated 22.1.2001 was sent asking the petitioner to show cause as to why society in question be not dissolved. No reply was submitted to the said show cause notice and then Misc. Case No.56 of 2001 was filed on behalf of Registrar for dissolution of society under Section 13-B of the Societies Registration Act, 1860. The said application was dismissed for want of prosecution on 13.8.2001. No attempt or endeavour was made for recall of the order dated 13.8.2001. Thereafter, another application was moved through D.G.C. (Civil) on 22.9.2001, and this application was also got dismissed as not pressed, and endorsement was made on the margin of the said application. The order dated 13.9.2001 in
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