Hon’ble Mrs. Sunita Agarwal, J.—Both the above writ petitions have been tagged together vide order dated 22.3.2017. They have been heard together and are being decided by this common judgement.

2. Heard Sri G.K. Singh learned Senior Advocate assisted by Sri Sankalp Narayan and Sri Siddharth Nandan learned counsels for the petitioners and Sri Ram Kaushik and Sri Kartikeya Saran for respondent No. 2 in the connected Writ Petition No. 53462 of 2016 (T.P. Singh v. Registrar/Assistant Registrar, Firms, Societies and Chits Allahabad and another). Sri S.D. Kautilya learned Advocate has put in appearance for the respondent Nos. 2 and 3, in Writ Petition No. 44908 of 2017.

3. The Writ Petition No. 53462 of 2016 has been filed by Sri T.P. Singh seeking a direction in the nature of mandamus commanding the Registrar/Assistant Registrar, Firm Societies and Chits, Allahabad (in short ‘Assistant Registrar, Societes’) to decide the objections filed by him in File No. 1, File No. 2, File No. 3 and File No. 4 against the respondent No. 2 namely Kayastha Pathshala through its President, under Section 4, 12-D and Section 24 of the Societies Registration Act, 1860 (in short ‘the Act 1860’).

4. The connected Writ Petition No. 44908 of 2017 has been filed by two petitioners namely Sri Alok Srivastava, son of late Satish Chandra Srivastava and Sri Rajesh Kumar Srivastava, son of late Kailash Narayan Srivastava claiming to be member and elected President of the Society, namely Kayastha Pathshala Prayag. In the said writ petition, a prayer has been made to issue a writ of certiorari quashing the order dated 26.8.2017, passed by the Assistant Registrar insofar as it had differed to adjudicate on the objections of the said petitioners under Section 12-D of the Act 1860. Another relief in the nature of mandamus has been sought commanding the Assistant Registrar, Societies to decide the said objections.

5. Before dealing with the controversy at hands, it would be relevant to note that the petitioners in both the writ petitions are different. The limited issue raised during the course of arguments is with regard to the removal of Sri T.P. Singh, (the petitioner in Writ Petition No. 53462 of 2016) from being member of the General Body of the Society vide resolution dated 17.1.2016. It would further be noteworthy that the order dated 26.8.2017 passed by the Assistant Registrar, Firms Societies and Chits, Allahabad had not been challenged by the petitioner in the said writ petition. The said writ petition is simply for issuance of writ of mandamus commanding the Assistant Registrar to decide the issues raised by the petitioner therein, in File No. 1 to File No. 4, raising dispute regarding membership of few members of the General Body of the Society under Section 4; for cancellation of the registration of the Society under Section 12-D of the Act 1860 and for making investigation into the affairs of the Society under Section 24 of the Act 1860.

6. Sri G.K. Singh, learned Senior Advocate appearing for the petitioner has confined his arguments to the prayer made in Writ Petition No. 53462 of 2016 and disputed the preliminary objections of the respondents that the said writ petition had become infructuous in view of the adjudication made by the Assistant Registrar vide order dated 26.8.2017. Placing the said order before the Court, it is vehemently contended by Sri G.K.Singh that the dispute regarding removal of Sri T.P. Singh as member of the General Body of the Society vide resolution dated 17.1.2016 i.e. validity of the said resolution had not been adjudicated rather the Assistant Registrar had refrained himself from making any adjudication in view of the pendency of the said Writ Petition No. 53462 of 2016. The last paragraph of the order dated 26.8.2017 passed by the Assistant Registrar (from pages 101 to 102 of the Writ Petition No. 44908 of 2017) has been read over by learned Senior Advocate to impress upon the Court that the dispute raised by the