Court No. - 9

Case :- WRIT - C No. - 2656 of 2023

Petitioner :- C/M Madarsa Jameul Huda Bari Masjid And

Another

Respondent :- State Of U P And 2 Others

Counsel for Petitioner :- J.P. Singh

Counsel for Respondent :- C.S.C.

Hon'ble Prakash Padia,J.

Heard learned counsel for the petitioners, learned Standing

counsel and perused the record.

The petitioners have preferred the present petition inter alia

with the prayer to quash the order dated 24.11.2022, passed by

respondent no. 2- Assistant Registrar, Firms, Socities and Chits,

Moradabad Division, Moradabad. Copy of the same is annexed

as Annexure No.(17) to the present petition.

Preliminary objection with regard to maintainability of the writ

petition has been raised by the learned Standing counsel that

against the order dated 24.11.2022, statutory alternative remedy

is available to the petitioners to approach the Commissioner in

terms of the provision contained under the Socities

Registrations (Uttar Pradesh Amendment) Act, 2021.

In view of the matter, since the statutory remedy is available to

the petitioners, the Court is of the opinion that no relief could

be granted to the petitioners, however, only 30 days' time is

provided under the Act to file an appeal since the aforesaid time

has already been lapsed, the petitioners are permitted to file an

appeal within two weeks from today along with delay

condonation application before the Commissioner concerned. If

it is so, the Commissioner, concerned will decide the aforesaid

application sympathetically.

It is made clear that the Commissioner concerned shall also

decide the entire appeal expeditiously.

With the aforesaid observations, the present petition is

dismissed.

Order Date :- 1.2.2023

S.K.

Digitally signed by :-

SWEETY KANOJIA

High Court of Judicature at Allahabad