# C/M Sri Mahaveer Inter College, Jauhari Nagar, Mainpuri v. State of U.P. & Ors

- **Citation:** (2024) 7 ILRA 262
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2024-07-01
- **Case number:** Writ C No. 10821 of 2024
- **Bench:** Manjive Shukla
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/c-m-sri-mahaveer-inter-college-jauhari-nagar-mainpuri-v-state-of-u-p-ors-52249
- **Pages:** 8

## Headnote

U.P. Intermediate Education Act, 1921 -
Section 16(A) - Amendments to the
Scheme of Administration - Regulation 6
of Chapter VII of the Regulations -
Conversion
of
Society
into
Trust
-
Societies Registration Act, 1860, Section
13 - Dissolution of Society - Held: The
Joint Director, Secondary Education, does
not have jurisdiction to oppose the
conversion of the society into a trust
under the amended Regulation 6 of the
U.P. Intermediate Education Act, 1921.
The Joint Director also does not have
jurisdiction to test the validity of the
resolution dissolving the society or the
trust's registration. Any amendments to
the Scheme of Administration of the
College must be approved as per the
provisions of Section 16(A) of the U.P.
Intermediate Education Act, 1921 - In the
instant case more than 3/4th members of
the general body of the Society passed a
resolution for dissolution of the Society
and registration of a trust - the Joint
Director in the garb of decision over the
approval of the amendments sought to
be
incorporated
in
the
Scheme
of
Administration of the College tested the
validity of the resolution by which the
Society has been dissolved and decision
to form the trust has been taken -
Impugned
order
quashed
-
matter
remitted
to
the
Joint
Director,
to
reconsider the amendments proposed in
the Scheme of Administration of the
College strictly in accordance with the
provisions made in Section 16(A) of the
Act of 1921 (Para 14)

Allowed. (E-5)

List of Cases cited:

Committee of Management, Maharshi Kapil Muni
Shiksha Samiti & anr. Vs St. of U.P. & anr. 2021
(2) ADJ 517
7 All. C/M Sri Mahaveer Inter College, Jauhari Nagar, Mainpuri Vs. State of U.P. & Ors.
263

## Text

262 INDIAN LAW REPORTS ALLAHABAD SERIES

14. In case of insurance contract, it is
necessary that the essential conditions of
the
Insurance
policy
are
fullfilled.
However, those essential conditions are to
be construed liberally and has to be
substantially fulfilled.

15. In this case, submission of Income
certificate is a necessary condition and
therefore, its submission is mandatory.
However, the time limit prescribed for
submission is merely a technical and
directory provision and cannot be a basis of
rejection of the claim.

16. In the aforesaid circumstances,
this Court is of the considered view that the
Permanent Lok Adalat has rightly come to
the conclusion that the deceased was fully
covered by the scheme issued by the State
Government and that he was the sole bread
earner of the family and was earning less
than Rs.75,000/- per month.

17. In view of above, this Court does
not find any infirmity in the impugned
order calling for interference under Article
226/227 of the Constitution of India.

18. The writ petition being devoid of
merits is dismissed.
----------
(2024) 7 ILRA 262
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 01.07.2024

BEFORE

THE HON'BLE MANJIVE SHUKLA, J.

Writ C No. 10821 of 2024

C/M Sri Mahaveer Inter College, Jauhari
Nagar, Mainpuri ...Petitioner
Versus
State of U.P. & Ors. ...Respondents
Counsel for the Petitioner:
Sri Yogesh Kumar Saxena

Counsel for the Respondents:
C.S.C.

U.P. Intermediate Education Act, 1921 -
Section 16(A) - Amendments to the
Scheme of Administration - Regulation 6
of Chapter VII of the Regulations -
Conversion
of
Society
into
Trust
-
Societies Registration Act, 1860, Section
13 - Dissolution of Society - Held: The
Joint Director, Secondary Education, does
not have jurisdiction to oppose the
conversion of the society into a trust
under the amended Regulation 6 of the
U.P. Intermediate Education Act, 1921.
The Joint Director also does not have
jurisdiction to test the validity of the
resolution dissolving the society or the
trust's registration. Any amendments to
the Scheme of Administration of the
College must be approved as per the
provisions of Section 16(A) of the U.P.
Intermediate Education Act, 1921 - In the
instant case more than 3/4th members of
the general body of the Society passed a
resolution for dissolution of the Society
and registration of a trust - the Joint
Director in the garb of decision over the
approval of the amendments sought to
be
incorporated
in
the
Scheme
of
Administration of the College tested the
validity of the resolution by which the
Society has been dissolved and decision
to form the trust has been taken -
Impugned
order
quashed
-
matter
remitted
to
the
Joint
Director,
to
reconsider the amendments proposed in
the Scheme of Administration of the
College strictly in accordance with the
provisions made in Section 16(A) of the
Act of 1921 (Para 14)

Allowed. (E-5)

List of Cases cited:

Committee of Management, Maharshi Kapil Muni
Shiksha Samiti & anr. Vs St. of U.P. & anr. 2021
(2) ADJ 517
7 All. C/M Sri Mahaveer Inter College, Jauhari Nagar, Mainpuri Vs. State of U.P. & Ors.
263
(Delivered by Hon'ble Manjive Shukla, J.)

1. Heard Sri Yogesh Kumar Saxena,
learned counsel appearing for the petitioner
and learned Standing Counsel appearing for
Respondents No. 1 to 3.

2. Petitioner through this writ petition
has assailed the order dated 01.03.2024
passed by the Joint Director, Secondary
Education, Agra Region, Agra whereby,
approval sought by the petitioner for
amendments
in
the
Scheme
of
Administration of Sri Mahaveer Inter
College, Jauhari Nagar, Mainpuri has been
declined.

3. Facts of the case, in brief, are that
Sri Mahaveer Vidyalaya, Jauhari Nagar,
Esthan
Post-Jauhari
Nagar,
District
Mainpuri was a Society registered under
the provisions of the Societies Registration
Act, 1860. The said Society was managing
the affairs of an institution namely Sri
Mahaveer Inter College, Jauhari Nagar,
Mainpuri. The Scheme of Administration
of the College was duly approved by the
Joint Director of Secondary Education,
Agra Region, Agra. Regulation 6 of
Chapter VII of the Regulations framed
under the U.P. Intermediate Education Act,
1921 has been amended with the prior
approval of His Excellency, the Governor
of the State of U.P. and thereby Regulation
6(B) has been added wherein it has been
provided that those Intermediate Colleges
which are being run by the Society
registered under the Societies Registration
Act, 1860, 3/4th of the members of the
general body of the Society can convert the
Society into trust and the said trust must be
registered. More than 3/4th members of the
general body of the Society in its meeting
held on 15.05.2022 took decision to
dissolve the Society and for registration of
the trust. Thereafter the trust has been
registered on 28.05.2022 in the office of the
Sub-Registrar,
Tehsil
Sadar,
District
Mainpuri. Information about the dissolution
of the Society and registration of the trust
was duly forwarded to the DeputyRegistrar, Firms, Societies and Chits, Agra
Region, Agra and the District Inspector of
Schools, Mainpuri on 18.06.2022. The
petitioner forwarded all the requisite papers
and resolution for making amendments in
the Scheme of Administration of the
College thereby replacing the Society by
the trust, to the District Inspector of
Schools, Mainpuri who forwarded papers
to the Joint Director, Secondary Education,
Agra Region, Agra with his positive
recommendation for approval of the
amendments sought in the Scheme of
Administration of the College.

4. The Joint Director, Secondary
Education, Agra Region, Agra raised
certain queries and due reply was submitted
by the petitioner. Since the Respondent No.
2 did not take any decision regarding
approval of the amendments sought to be
incorporated
in
the
Scheme
of
Administration of the College, petitioner
filed Writ-C No. 38150 of 2023 which was
finally disposed of by a Co-ordinate Bench
of this Court with a direction to the Joint
Director to consider and decide petitioner's
matter in a fixed time frame. The Joint
Director, Agra Region, Agra has passed the
impugned order dated 01.03.2024 and
thereby has declined to grant approval for
the amendments sought by the petitioner to
be
incorporated
in
the
Scheme
of
Administration of the College on the
ground that the proposed amendments are
not in the interest of the College.

5. Learned counsel appearing for the
petitioner has argued that once Regulation
264 INDIAN LAW REPORTS ALLAHABAD SERIES
6 of Chapter VII of the Regulations framed
under the U.P. Intermediate Education Act,
1921 (hereinafter referred to as "the Act of
1921") provides that 3/4th members of the
general body of the Society can take
decision to convert the Society into trust
and in the present matter, more than 3/4th
members of the general body of the Society
which was running the College has taken
decision to dissolve the Society and convert
it into the trust, the Joint Director,
Secondary Education, Agra Region, Agra
cannot decline to approve the amendments
in the Scheme of Administration of the
college consequent to conversion of the
Society into the trust.

6. Learned counsel appearing for the
petitioner has relied on judgement rendered
by a Co-ordinate Bench of this Court in the
case of Committee of Management,
Maharshi Kapil Muni Shiksha Samiti and
Another Vs. State of U.P. and Another
2021 (2) ADJ 517 and has submitted that in
the said judgement, it has been held that
under
Section
13
of
the
Societies
Registration Act, 1860, 3/5th members of
the general body of the Society can resolve
for dissolution of Society and once the said
resolution
is
passed,
the
Society
automatically stands dissolved. Learned
counsel appearing for the petitioner further
submits that once the Society in question
has been dissolved in terms of the
provisions made in Section 13 of the
Societies Registration Act, 1860 and
consequentially trust has been registered,
there cannot be any occasion for the Joint
Director,
Secondary
Education,
Agra
Region, Agra to deny approval for the
consequent amendments in the Scheme of
Administration of the College.

7. Learned counsel appearing for the
petitioner has also contended before this
Court that dissolution of the Society is
governed by the provisions of Societies
Registration
Act,
1860
and
further
conversion of the Society into the trust has
been permitted by making amendment in
Regulation 6 of Chapter VII of the
Regulations framed under the Act of 1921
therefore, the Joint Director does not have
any jurisdiction to adjudicate over the
validity of dissolution of the Society and
consequent
registration
of
the
trust.
Learned
counsel
appearing
for
the
petitioner has further contended that from
bare perusal of the impugned order dated
01.03.2024, it can easily be inferred that
the Joint Director, in-fact has travelled
beyond his jurisdiction and has tried to test
the validity of the resolution whereby the
Society has been dissolved and the trust has
been created.

8. It has also been vehemently argued
that there is no dispute by any of the
members of the erstwhile Society or by any
of the trustee in the amendments sought to
be
incorporated
in
the
Scheme
of
Administration of the College consequent
to the change of Society into trust,
therefore, there cannot be any occasion for
the Joint Director to deny the approval of
the
said
amendments,
accordingly
impugned order dated 01.03.2024 is
unsustainable in the eyes of law.

9. Per-contra, learned Standing
Counsel appearing for the respondents has
argued that the resolution for dissolution of
the Society in question and its conversion
into trust has not been passed in a proper
manner and further 3/4th members of the
general body of the Society have not given
their affidavits showing their intention to
convert the Society into trust, therefore, the
Joint Director of Education, Agra Region,
Agra has rightly passed the impugned order
7 All. C/M Sri Mahaveer Inter College, Jauhari Nagar, Mainpuri Vs. State of U.P. & Ors.
265
dated 01.03.2024 and thereby has declined
to
grant
approval
to
the
proposed
amendments
in
the
Scheme
of
Administration of the College.

10. I have considered the rival
arguments
advanced
by
the
learned
counsels appearing for the parties and I find
that Regulation 6 of Chapter VII of the
Regulations framed under the Act of 1921
has
been
amended
with
the
prior
permission
of
His
Excellency,
the
Governor of the State of U.P. and thereby
under Regulation 6(B), it has been provided
that 3/4th members of the general body of
the
Society
running
an
Intermediate
College can convert it into a trust. For
ready reference, amended Regulation 6 is
extracted as under:

" विवियम-6(क)- यिावत ।

विवियम-6(ख)- जजन संथिाओं को
पररिद द्वारा सोसाइटी रजजस्टरेशन एक्ट -1860
के अधीन मान्यता प्रदान की गई है, उनकी प्रिंध
सजमजत की आम सभा की सहमजत से सोसाइटी
को टरस्ट के रूप में पररवजतित जकया जा सकता
है। इसके जलये आम सभा के कुल सदस्ों में से
तीन चौिाई सदस्ों की जलस्खत सहमजत
अजनवायि होगी। इस जनजमत उन्ें सोसाइटी से
टरस्ट के नाम रजजस्टरी कराना अजनवायि होगा ।

जवजनयम-6 (ग)- प्रदेश में आवास
जवकास पररिद अिवा जवकास प्राजधकरणों द्वारा
संचाजलत अिवा संचाजलत जकये जाने वाले
जवद्यालयों को सोसाइटी अिवा टरस्ट के माध्यम
से मान्यता प्रदान की जा सकती है । जवद्यालय
की सोसाइटी यजद यह उजचत समझती है जक
टरस्ट के माध्यम से जवद्यालय को संचाजलत करने
में सुजवधा होगी तो सोसाइटी की आम सभा के
3/4सदस्ों की जलस्खत सहमजत से सोसाइटी को
टरस्ट में पररवजतित जकया जा सकता है । इस
जनजमि उन्ें सोसाइटी से टरस्ट के नाम भू-खंड
का दोिारा रजजस्टरी कराना अजनवायि होगा ।"

11. This Court is of the view that once
appropriate amendment has been made in
Regulation 6 of Chapter VII of the
Regulations framed under the Act of 1921,
the Joint Director, Secondary Education
does not have any jurisdiction to oppose the
conversion of the Society into the trust.

12. This Court finds that provision for
dissolution of Society has been made in
Section 13 of the Societies Registration
Act, 1860 wherein it is provided that 3/5th
members of the general body of the Society
can resolve for dissolution of the Society
and the dissolution of Society shall take
place with immediate effect. For ready
reference, Section 13 of the Societies
Registration Act, 1860 is extracted as
under:

"13. Provision for dissolution of
societies and adjustment of their affairs.-

Any number not less than threefifths of the members of any society may
determine that it shall be dissolved, and
thereupon it shall be dissolved forthwith, or
at the time then agreed upon, and all
necessary steps shall be taken for the
disposal and settlement of the property of
the society, its claims and liabilities
according to the rules of the said society
applicable thereto, if any, and if not, then
as the governing body shall find expedient,
provided that, in the event of any dispute
arising among the said governing body or
the members of the society, the adjustment
of its affairs shall be referred to the
principal Court of original civil jurisdiction
of the district in which the chief building of
the society is situate; and the Court shall
make such order in the matter as it shall
deem requisite:

Provided that no society shall be
dissolved unless three-fifths of the members
shall have expressed a wish for such
266 INDIAN LAW REPORTS ALLAHABAD SERIES
dissolution by their votes delivered in
person or by proxy, at a general meeting
convened for the purpose:

Provided that [whenever any
Government] is a member of, or a
contributor to, or otherwise interested in
any society registered under this Act, such
society shall not be dissolved [without the
consent of the Government of the [State] of
registration.]"

13. The provisions made in Section
13 of the Societies Registration Act, 1860
have been considered by a Co-ordinate
Bench of this Court in its judgement
rendered in the case of Committee of
Management,
Maharshi
Kapil
Muni
Shiksha Samiti and Another (Supra) and
it has been held that once 3/5th members of
the general body of the Society have
resolved to dissolve the Society, dissolution
of the Society takes place with immediate
effect and it does not require any approval
or confirmation by the Deputy Registrar,
Firms, Societies and Chits. Relevant
paragraphs of the judgement are extracted
as under:

"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 the scope of Section
13 containing a provision for dissolution of
societies and adjustment of their affairs.
The provision for dissolution of societies
and adjustment of their affairs is contained
in Section 13, which is as under:

"13. Provision for dissolution of
societies
and
adjustment
of
their
affairs.?Any number not less than threefifths of the members of any society may
determine that it shall be dissolved, and
thereupon it shall be dissolved forthwith,
or at the time then agreed upon, and all
necessary steps shall be taken for the
disposal and settlement of the property of
the society, its claims and liabilities,
according to the rules of the said society
applicable thereto, if any, and if not, then
as
the
governing
body
shall
find
expedient, provided that, in the event of
any dispute arising among the said
governing body or the members of the
society, the adjustment of its affairs shall
be referred to the principal Court of
original civil jurisdiction of the district in
which the 'registered office of the
society'* (* as amended vide Uttar
Pradesh Act 52 of 1975 w.e.f. 10.10.1975)
is situate; and the Court shall make such
order in the matter as it shall deem
requisite:

Provided that no society shall be
dissolved
unless
three-fifths
of
the
members shall have expressed a wish for
such dissolution by their votes delivered in
person, or by proxy, at a general meeting
convened for the purpose:

Provided that [whenever any
Government] is a member of, or a
contributor to, or otherwise interested in
any society registered under this Act, such
society shall not be dissolved [without the
consent of the Government of the [State]
of registration.]"

6. The State of Uttar Pradesh has
amended the Societies Registration Act
insofar its applicability in the State of Uttar
Pradesh is concerned and Section 13A and
Section 13B have been incorporated in the
Act providing for dissolution of the society
in
manner
other
than
a
voluntary
dissolution as provided under Section 13 of
the Act, which is quoted hereinabove.

7. Section 13A and 13B amended
by virtue of U.P. Act No. 52 of 1975 are
quoted as under:-

"13A. Power of Registrar to
apply for dissolution:- (1) Where in the
7 All. C/M Sri Mahaveer Inter College, Jauhari Nagar, Mainpuri Vs. State of U.P. & Ors.
267
opinion of Registrar, there are reasonable
ground to believe in respect of a society
registered under this Act that any of the
grounds mentioned in clauses (a) to (e) of
sub-section (1) of Section 13B exists he
shall send to the society, a notice calling
upon it to show cause within such time as
may be specified in the notice why the
society be not dissolved.

(2) if on or before the date
specified in the notice or within such
extended period as the Registrar may
allow, the society fails to show any cause
or if the cause shown is considered by the
Registrar
to
be
unsatisfactory,
the
Registrar, may move the Court referred to
in section 13 for making an order of the
dissolution of the society.

13B. Dissolution by court:- (1)
On the application of the Registrar under
section 13 A or under section 24 or on an
application made by not less than one
tenth of the members of a society
registered under this Act, the Court
referred to in section 13 may make an
order for the dissolution of the society on
any of the following grounds, namely:-

(a)
that
the
society
has
contravened any provision of this Act or of
any other law for the time being in force
and it is just and equitable that the society
should be dissolved:

(b) that the number of the
members of the society is reduced below
seven;

(c) that the society has ceased to
function for more than three years
preceding the date of such application;

(d)that the society is unable to
pay its debts or meet its liabilities; or

(e) that the registration of the
society has been cancelled under Section
12 D on the ground that its activities or
proposed activities have been or will be
opposed to public policy.

(2) Without prejudice to the
provisions of sub-section (1) or of Section
12D, the Court may on an application of
the District Magistrate in this behalf make
an order for the dissolution of a society on
the ground that the activities of the society
constitute a public nuisance or are other
wise opposed to public policy.

(3). When an order for the
dissolution of a society is made under subsection (1) or sub-section (2), all necessary
steps for the disposal and the settlement of
the property of the society, its claims and
liabilities and any other adjustment of its
affairs take place in manner as the Court
may direct."

8. Thus, in the scheme of the Act
with regard to dissolution, it is clear that
the dissolution of a society can take place
by three modes, the first being a voluntary
dissolution as provided under Section 13,
wherein the requirement is that there has to
be a resolution passed by number of
members, who are not less than three-fifth
of the member of any society and as soon
as such resolution is passed, the dissolution
happens forthwith or at any time i.e. agreed
upon in the resolution. After the dissolution
which happens on the passing of the
resolution further steps are required to be
taken for disposal and settlement of the
property of the society, its claims and
liabilities according to the Rules of the said
society applicable thereto.

9. A perusal of Section 13 of the
Act also makes it clear that an inbuilt
mechanism is provided for contingencies
that may arise in the event of any dispute
arising among the said governing body or
the members of the society or with regard
to the affairs which have to be referred to
the Principal Court of original civil
jurisdiction of the district in which the
registered office of the society is situate
268 INDIAN LAW REPORTS ALLAHABAD SERIES
and such, Court is empowered to pass
requisite orders.

10. A plain reading of the said
section makes it clear that no sanction is
required from anyone and the Assistant
Registrar need not be approached for
giving a seal of approval to the resolution
of dissolving the society.

11. In addition to the voluntary
resolution as provided under Section 13,
two other modes of dissolution have also
been provided in the State of Uttar Pradesh
by incorporation of Section 13A and
Section 13B in the Act.

12. Section 13A confers power on
the Registrar to apply for the dissolution in
the event of contingencies which are
enumerated under Section 13A (1) of the
Act.

13. Section 13B provides for yet
another manner of dissolution by the Court
on an application of the Registrar under
Section 13A or Section 24 or on an
application made by not less than one-tenth
of the members of the society registered
under this Act and the Court is empowered
to pass orders for the dissolution of the
society on the happening of any of the
grounds as enumerated in Clause (a) to (e)
of Section 13B (1) of the Act.

14. Curiously enough Section
13(B) (2) provides yet another mode of
dissolution of the society by the Court on
an application of the District Magistrate on
the limited grounds enumerated therein.

15. Thus, under scheme of the
Act, three modes of dissolution are
prescribed, first one being voluntary
dissolution under Section 13, second being
dissolution at the instance of the Registrar
and the third being dissolution under the
orders of the Court.

16. In the present case, we are
concerned with the voluntary dissolution
under Section 13, which simply requires the
passing of a resolution by the members of
the society no being less than three-forth of
the total members of the society. Once the
said condition is met, no other condition is
required to be fulfilled and the same does
not require a seal of approval by any
officer or authority. In the present case, it
is alleged that by a resolution passed
unanimously i.e. by more than three-fifth
members of the society on 1.4.2011, the
society has been dissolved, as such, no
further approval is required and the
dissolution would be deemed to be effective
from the date of its passing i.e. 1.4.2011.

17. As I have recorded above that
no seal of approval is required for
dissolving the society as has been done in
the present case, a writ, as prayed for
cannot be granted, however, petitioners are
directed to give an information in writing
along with the copy of Resolution to the
Assistant Registrar of Societies who shall
record the same in his records."

14. In the present case, more than
3/4th members of the general body of the
Society
in
question
have
passed
a
resolution for dissolution of the Society and
registration of a trust, therefore, the Society
in question stood dissolved with effect
from the date of resolution passed by the
general body of the Society. Under the
Societies Registration Act, 1860, the Joint
Director, Secondary Education, does not
have any jurisdiction to test the validity of
the resolution of the Society whereby the
Society has been dissolved. The Joint
Director, Secondary Education also does
not have any jurisdiction to test the validity
of the registration of the trust, more so
when the said conversion of the Society for
formation of the trust has been permitted
under the amended Regulation 6 of the
Regulations
framed
under
the
U.P.
Intermediate Education Act, 1921. The bare
7 All. C/M Maulana Abul Kalam Azad Educational Society, Tehsil Sadar, Mau & Anr. Vs. State
 of U.P. & Ors.
269
perusal of the impugned order dated
01.03.2024 reveals that the Joint Director
in the garb of decision over the approval of
the amendments sought to be incorporated
in the Scheme of Administration of the
College has, in-fact tested the validity of
the resolution by which the Society has
been dissolved and decision to form the
trust has been taken, whereas if any
amendment is sought in the Scheme of
Administration of a College, the Joint
Director has to take decision for approval
of the said amendment strictly as per the
provisions made in Section 16(A) of the
Act of 1921.

15. In view of the aforesaid reasons,
this writ petition is allowed and impugned
order dated 01.03.2024 is quashed. The
matter is remitted to the Joint Director,
Secondary Education, Agra Region, Agra
to reconsider the amendments proposed by
the
petitioner
in
the
Scheme
of
Administration of the College strictly in
accordance with the provisions made in
Section 16(A) of the Act of 1921 by
passing speaking and reasoned order
within a period of two months from the
date of presentation of certified copy of
this order.
----------
(2024) 7 ILRA 269
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 11.07.2024

BEFORE

THE HON'BLE MANJIVE SHUKLA, J.

Writ C No. 13592 of 2024

C/M
Maulana
Abul
Kalam
Azad
Educational Society, Tehsil Sadar, Mau &
Anr. ...Petitioners
Versus
State of U.P. & Ors. ...Respondents
Counsel for the Petitioners:
Sri Manoj Kumar Singh, Sri Rajendra Singh
Chauhan,
Sri
Gajendra
Pratap
(Sr.
Advocate)

Counsel for the Respondents:
C.S.C., Sri Gautam Baghel, Sri Om Prakash
Singh, Sri Prabhakar Awasthi

A. Civil/Society Law - Maintainability -
Alternative
Remedy
-
Societies
Registration Act, 1860 - Sectiuons 4(1) &
25(2) - The important consideration of
public
policy
is
that
the
decisions
pronounced
by
Courts
of
competent
jurisdiction should be final unless they are
modified or reversed by the appellate
forum and no one should be made to face
the same kind of litigation twice. (Para 31)

Where, what is complained of, is an
impudent disregard of an order of a Court,
the
fact
certainly
cries
out
that
a
prerogative writ shall issue. (Para 32)

Once an issue had been adjudicated by the
Court, then same parties cannot be allowed to
face litigation regarding the same issue again
and further if any authority while passing the
order has taken a different view to that of the
view settled by the Court, then against the said
order writ petition u/Article 226 of the
Constitution of India shall be maintainable and
the writ petition cannot be dismissed on the
ground of availability of alternative remedy
against the said order. (Para 33)

In the present case, once this Court is of the
view that dispute raised by petitioner has not
been decided by this Court in earlier rounds
of litigation and petitioners themselves agreed
that dispute raised may be decided by the
Prescribed Authority, now it is not open for
them to urge before this Court that they may
be allowed to bypass the remedy of statutory
appeal available u/s 25(1)(d) of the Act of
1860 against the impugned order dated
30.3.2024 on the ground that the impugned
order
dated
30.3.2024
passed
by
the
Prescribed Authority is contrary to decisions
rendered by this Court in earlier rounds of
litigation. (Para 44)