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2009 Supreme(All) 51

S.U.KHAN
SHRI JAI DURGA DEVI BIRJMAN MANDIR DEVI THAN, PILIBHIT – Appellant
Versus
COMMISSIONER, BAREILLY – Respondent


JUDGMENT

Hon’ble S.U. Khan, J.—At the time of hearing, no one appeared on behalf of respondent No. 2, the only contesting respondent, hence only the arguments of learned counsel for the petitioner were heard.

2. Petitioner No. 1 is Shri Jai Durga Devi Birjman Mandir Devi Than, Mohalla Gayaspur, Town Bisalpur, District Pilibhit and petitioner No. 2, Har Govind Dubey (H.G. Dubey) claims to be its Sarbarakar/Manager. According to the petitioner No. 2, he purchased the land and established the Mandir in question on the said land and he is himself its Sarbarakar/ Manager.

3. Respondent No. 2, Dal Chand got a society registered under Societies Registration Act on 7.11.1985. Registration certificate was granted by Assistant Registrar, Societies, Firms and Chits, Bareilly bearing No. 1200 of 1986 by the name of Sidhdhi Sri Durga Mandir Gayaspur, Bisalpur, District Pilibhit with respondent No. 2 as its Manager. Petitioner No. 2 filed application for cancellation of the said certificate on 5.7.1986 under Section 12-D (a) & (c) of Societies Registration Act as amended by U.P. Assistant Registrar through order dated 26.10.1987 cancelled the registration by holding that registration had been ob












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