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2025 Supreme(All) 3612

2025 AHC 194909
IN THE HIGH COURT OF ALLAHABAD
SAURABH SHYAM SHAMSHERY, J.
The Allahabad High School Society and Another – Appellants
Versus
State of U.P. and Others – Respondents
Writ (C) Nos. 5337, 12640, 12885, 17447, 26058, 26830 of 2024, 34333 of 2015
Decided On : 06-11-2025
Advocates Appeared : 
For the Appellants : Avnish Kumar Rai, Vibhu Rai
For the Respondents : Bindeshwari Prashad Tiwari, Hritudhwaj Pratap Sahi, Karuna Shankar Shukla, Prabhakar Awasthi, Sankalp Narain, Subedar Mishra

JUDGMENT :

SAURABH SHYAM SHAMSHERY, J.

1. Initially in present bunch of cases there were in all thirteen Writ Petitions, oldest being of year 2012 and latest being of year 2024. Dispute in present bunch of writ petitions is of a society named as “The Allahabad High School Society, Allahabad” a registered Society under the Societies Registration Act, 1860, probably registered in the year 1888 (bye-laws were registered in the year 1952), which runs two premier institutions situated at Prayagraj, namely “Boys High School and College” and “Girls High School and College.”

2. Writ-C No. 4121 of 2022 was decided vide order dated 03.04.2025 and Writ-C Nos. 31962 of 2012; 29001 of 2022; 30896 of 2022; and, 11959 of 2024 were decided vide orders dated 30.10.2025 and Writ-C No. 38374 of 2023 was de-tagged with the bunch vide order dated 30.10.2025. The aforesaid orders passed in respective writ petitions are reproduced hereinafter:

(I) Order dated 03.04.2025 in Writ-C No. 4121 of 2022:

“Sahi, Sankalp Narain, learned counsel for the petitioner states that no cause of action survives in the present petition and he prays that the writ petition may be dismissed as infructuous.

Consequently, the writ petition is dismissed as infructuous.”

(II) Order dated 30.10.2025 in Writ-C No. 31962 of 2012:

“1. Heard Sri Prabhakar Awasthi, learned counsel for the petitioners. 2. Impugned order is limited to a communication where some applications filed by one of the respondents was forwarded to Registrar and outcome of it is not on record of this writ petition.

3. It has been informed that some orders were based on ancilliary issues, which are subject matter of other writ petitions, therefore, I find that present Writ Petition is rendered infructuous.

4. Accordingly, disposed of."

(III) Order dated 30.10.2025 in Writ-C No. 29001 of 2022:

“1. Heard Sri Sankalp Narain, learned counsel for petitioner.

2. Petitioner, a Principal of concerned School, has challenged a notice dated 08.09.2022 issued by Assistant Registrar, Firms, Societies and Chits, Prayagraj.

3. Learned counsel for petitioner submits that notice was beyond jurisdiction and by referring Sections 23 and 24 of Societies Registration Act, 1860 he fairly submits that an opportunity be granted to petitioner to raise all grounds on facts as well as on law before concerned respondent so that matter be decided expeditiously in accordance with law.

4. Considering the above referred fair submission of learned counsel for petitioner, this writ petition is disposed of that in case petitioner files reply on facts and law to concerned Registrar, the same will be considered in accordance with law including the issue of jurisdiction, if any. This exercise shall be completed within a period of three months from today.

5. Interim order, if any, stands vacated.”

(IV) Order dated 30.10.2025 in Writ-C No. 30896 of 2022:

“1. In this case following interim order was passed on 14.10.2022:

“The present petition has been filed challenging the order dated 3.8.2022 passed by the Assistant Registrar Firms, Societies & Chits, District-Praygraj as modified by order dated 11.8.2022 directing that the accounts of the Institutions named as Boys' High School & College, Prayagraj and Girls' High School & College, Prayagraj managed by the Allahabad High School Society, Prayagraj shall be operated jointly by the respective Principals of the said Institutions and Rt. Revd. Edgar Morris Dan who claims himself to be the Bishop/Chairman of the Diocese of Lucknow. Previous to the order dated 3.8.2022, the accounts of the said Institutions were being operated singly by the respective Principals of the Institutions.

It appears from the arguments advanced by the counsel for the parties and from the records annexed with the petition that the dispute relates to control over the two Institutions named above and also the elected office bearers of the Society who claim themselves to control the two Institutions named above. The said issues are subjudice before thi

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