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2017 Supreme(All) 403

SANGEETA CHANDRA
LAXMAN YADAV – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Manish Kumar Nigam for the Petitioners; C.S.C., H.N. Singh, I.K. Upadhyay and Vineet Kumar Singh for the Respondents.

JUDGMENT

Hon’ble Mrs. Sangeeta Chandra, J.—This writ petition has been filed by the petitioners challenging the order dated 22.6.2015 passed by the Prescribed Authority/SDM, Sikandarpur, District Ballia whereby the Prescribed Authority has recognized the Respondent No. 4, Chandra Shekhar Upadhyay as manager of Committee of Management running Janta Seva Mandal Nava Nagar, District Ballia which in turn is also a Society which runs Swatantrata Senani Balika Vidyalay, Nauratanpur, Ballia.

2. The facts of the case as pleaded by petitioners’ counsel Shri ManishKumar Nigam and also evident from the writ petition are that the Society as mentioned herein-above runs a Junior High School. One Deo Nath Upadhyay happened to be founder manager of the aforesaid Society till his death on 20th of July, 1992. After the death of undisputed manager Deo Nath Upadhyay, one K.K. Upadhyay set up his claim as manager of the Committee of Management; who was the son of Deo Nath Upadhyay. A rival claim to the post of manager of the Committee of Management was also made by one B.K. Upadhyay. The Assistant Registrar, Firms, Societies and Chits referred the matter to the Prescribed Authority under Section 25 (1)

























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