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2009 Supreme(All) 2857

C. K. PRASAD, A. P. SAHI
COMMITTEE OF MANAGEMENT, ADARSH KRISHAK JUNIOR HIGH SCHOOL, MAU AIMA, ALLAHABAD – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
B.B. Paul and H.K. Mishra for the Appellant; R.A. Verma and S.C. for the Respondents.

JUDGMENT

By the Court.—This special appeal under Rule 5 Chapter VIII of the Allahabad High Court Rules, arises out of an order of a learned Judge passed in Writ Petition No. 63944 of 2008, whereby a direction has been issued to the Registrar, Firms, Societies and Chits, Allahabad to examine the grievance of respondents 4 to 7-petitioners, and pass a speaking and reasoned order within a prescribed time.

2. Challenge to the order is on the ground that even though the impugned order appears to be innocuous, yet it has seriously prejudiced the appellant in his cause, and further the said order has been passed without putting the appellant to notice or giving him any opportunity of hearing.

3. In short, the grievance of the appellant is that the direction issued clothes the Registrar with a power to examine a frivolous claim, which is impermissible on the grounds taken in the appeal, and additionally, the impugned order is in violation of principles of natural justice.

4. We have heard Mr. B.B. Paul assisted by Shri H.K. Mishra for the appellant, Shri Ram Autar Verma, who has put in appearance on behalf of respondents 4 to 7 and the learned Standing Counsel for respondents 1 to 3.

5. Wit









































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