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2012 Supreme(All) 117

RAJIV SHARMA
COMMITTEE OF MANAGEMENT, SHIKSHA PRASAR SAMITI DHARAI MAFI, DISTRICT SULTANPUR – Appellant
Versus
STATE OF U. P. – Respondent


Advocates Appeared:
Dr. L.P. Mishra for the Petitioner; C.S.C. and M.B. Singh for the Respondents.

JUDGMENT

Hon’ble Rajiv Sharma, J.—Heard learned Counsel for the petitioner, Sri Som Kartik, appearing for the contesting respondents and Sri M.B.Singh, Counsel for the Registrar Chits, Funds and Societies.

2. Undisputed facts are that Shiksha Prasad Samiti Dharaimafi is a society registered in the year 1955 under the Societies Registration Act,1860 and per objects of the society, the same is running and managing an Intermediate College in the name and style of Mahatma Shiv Kumar Inter College, Sultanpur. The said educational institution is receiving grant-in-aid upto Junior High School level.

3. In Writ Petition No. 7 of 2011, the petitioner has questioned the validity of the order dated 10.12.2010 passed by the Deputy Registrar, Firms, Societies and Chits, Faizabad, whereby, the Deputy Registrar has held that there exists a dispute of Committee of Management of the Society, hence he has referred the matter to the Prescribed Authority. The contention of the petitioner’s Counsel is that the impugned order dated 10.12.2010 has been passed without application of proper mind to the facts and circumstances of the matters and also without considering the reply of the petitioner No. 2-Shi

















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