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2023 Supreme(UK) 126

VIPIN SANGHI
Ashok Gramodyog Sansthan – Appellant
Versus
Public In General – Respondent


Advocates appeared:
Parikshit Saini, Advocate

JUDGMENT

Vipin Sanghi, CJ. - The present writ petition, under Article 227 of the Constitution of India, has been preferred by the petitioner to assail the order dated 08.12.2022, passed by the Ist Additional District Judge, Haridwar, District Haridwar, in Misc. Case No.07 of 2022, whereby the application preferred by the petitioner- society under Section 5A of the Societies Registration Act, as amended by the Uttarakhand Amendment Act No.04 of 2019, has been dismissed, and the permission sought by the petitioner to transfer the land of the Society has been denied.

2. The submission of learned counsel for the petitioner is that under Section 5A of the Societies Registration Act, the Governing Body cannot transfer, without the previous approval of the Court, any immovable property belonging to such society. Explanation (1) states that the expression 'Court' has the same meaning as assigned to it in Section 13. Section 13 of the Societies Registration Act, as applicable in the State of Uttarakhand, shows that 'Court' means the Principal Court of original jurisdiction of the district, in which, the registered office of the Society has been situated.

3. Learned counsel for the petitioner s

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