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2023 Supreme(All) 1284

KSHITIJ SHAILENDRA
Majlishe Shura, Darul Uloom Ahalle Sunnat Tanvirul Islam – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Suresh Chandra Dwivedi
For the Respondent: Arun Kumar

JUDGMENT :

1. Heard Shri Suresh Chandra Dwivedi, learned counsel for the petitioners, learned Standing Counsel for the State-respondents and Shri Arun Kumar for the contesting respondents.

2. Writ C No.36342 of 2022 has been filed challenging the order of Assistant Registrar, Firms, Societies and Chits, Gorakhpur, Region Gorakhpur dated 02.11.2022 whereby he has declined to make a reference to the Prescribed Authority under Section 25(1) of the Societies Registration Act-1860 (hereinafter referred to as 'the Act, 1860'). Writ C No.13882 of 2023 has been filed challenging consequential attestation of signatures of the respondent-Committee pursuant to the order dated 02.11.2022.

3. Since the basic dispute involved in both the petitions is same, both writ petitions are being decided simultaneously as affidavits have also been exchanged between the parties.

4. For the purposes of decision, Writ C No.36342 of 2022 is being treated as a leading case.

5. It is contended on behalf of the petitioners that there were rival claims pertaining to the elections in between the petitioner and private respondent and on 15/17.06.2016, the Assistant Registrar, Firms, Societies and Chits, Gorakhpur, Region

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