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2013 Supreme(All) 2849

D. Y. CHANDRACHUD, SANJAY MISRA
COMMITTEE OF MANAGEMENT, ANJUMAN KHERUL ALMIN – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Yogish Kumar Saxena for the Appellants; C.S.C. and N.L. Pandey and S.C. for the Respondents.

JUDGMENT

By the Court.—This is an application for condonation of delay in filing the special appeal.

2. Since sufficient cause has been shown in the affidavit filed in support of the delay condonation application, the delay in filing the appeal is condoned.

3. The condonation of delay application is allowed.

4. The special appeal arises from a judgment of the learned Single Judge dated 3 October 2013, declining to entertain a petition filed by the appellants under Article 226 of the Constitution on the ground that the appellants have a remedy of moving the Prescribed Authority under Section 25(1) of the Societies’ Registration Act, 1860. The appellants, claiming to be the Committee of Management of Anjuman Kherul Almin Allahganj and its Manager Mr. Abbash Khan sought to question the legality of an order dated 26 July 2013 passed by the Deputy Registrar, Firms Societies and Chits, Kanpur. By his order, the Deputy Registrar rejected the claim of the appellants and accepted the list of office bearers submitted by the third respondent for the year 2013 and issued consequential directions for registration of the list of office bearers under Section 4 of the Act. When the petition came up a



























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