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2020 Supreme(All) 1491

PANKAJ BHATIA
Maharshi Kapil Muni Shiksha Samiti – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ved Prakash Shukla

JUDGMENT :

1. Present writ petition was filed alleging that the petitioners have dissolved their society by Resolution dated 1.4.2011 in accordance with the scheme of Societies Registration Act, 1960 (in short 'the Act') and have transferred assets and liabilities to the newly created trust in the name of Maharshi Kapil Muni Shiksha Trust.

2. Petitioner claims that in terms of the resolution passed, an application was moved before the Respondent No. 2 for approval of the resolution.

3. Counsel for the petitioner argues that the application filed before the Respondent No. 2 for approval of the resolution dated 1.4.2011 is pending consideration, as such, he prays that a suitable writ, order or direction be issued to the Respondent No. 2 to take a decision on the said application.

4. This Court raised a pointed query to the counsel for the petitioner as to where is the provision prescribed under the Act conferring the power on the Assistant Registrar to approve the resolution passed by the society for its dissolution.

5. Counsel for the petitioner has relied upon the provisions of Section 13 of the Act. There appears to be no such provision, as such, I consider it appropriate to discuss th

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