# The Committee of Management and another v. The State of U.P. and others

- **Citation:** (2004) 1 ILRA 186
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2004-03-22
- **Case number:** Civil Misc. Writ Petition No. 11625 of 2004
- **Bench:** Anjani Kumar
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/the-committee-of-management-and-another-v-the-state-of-u-p-and-others-40320
- **Pages:** 3

## Headnote

Societies Registration Act, 1860-S. 12-D-
Appeal
before
Commissioner-
Maintainability- Grant of renewal and
registration of list of management of
society by Assistant Registrar- Order set
aside in appeal by Commissioner- Writ
against-In view of S. 12-D of the Act, no
appeal has against order impugned-
impugned order passed in appeal by
Commissioner held without jurisdiction.

Held: Para 4

Learned counsel appearing on behalf of
the petitioner argued that in view of the
provisions
of
Section
12-D
of
the
Societies Registration Act, 1860, no
appeal lies against the order impugned
in the present writ petition, is wholly
without jurisdiction. A perusal of the
Section
12-D
of
the
Societies
Registration
Act,
1860,
referred
to
above, clearly demonstrate that the
contention of learned counsel for the
petitioners has substance.

http://www.allahabadhighcourt.nic.in
1 All] The Committee of Management and another V. The State of U.P. and others 187

## Text

186 INDIAN LAW REPORTS ALLAHABAD SERIES [2004
11. The next contention advanced on
behalf of the petitioner pointing out
various defects in the procedure adopted
by respondent no. 2 in the process of
granting lease to the petitioner are factual
in nature. No material has been brought
on record of the writ petition to
substantiate
the
allegations.
The
resolution of gaon sabha dated 30.8.99 for
keeping the pond reserved for irrigation
purpose have not only been denied by the
respondent no. 5 in the counter affidavit
but affidavit of members of Gram
panchayat have also been filed along with
counter affidavit stating that the said
resolution dated 30.9.99 is farzi and
manufactured and as a matter of fact, no
such resolution was ever passed. All these
are disputed questions of fact which
cannot be gone into by us while
exercising the powers conferred by
Article 226 of the Constitution.

12. The last submission advanced by
the learned counsel or the petitioner, that
since pond in question is the only source
of irrigation and has always been used for
the said purpose as such it cannot be
leased to be rejected. Paragraph 60(2)
(kha)
of
the
manual
protects
the
customary rights of washing cloths,
excavation of earth and irrigation etc.
from the pond and tank leased out for
fishing rights. Thus lease in favour of
respondent no. 3 being subject to and
without prejudice to the customary rights
of irrigation from the pond in not liable to
be cancelled, on the ground that it affects
the right of irrigation.

13. In view of the aforesaid
discussion the reliefs prayed for in the
writ petition cannot be granted. The writ
petition
fails
and
is
accordingly,
dismissed.
14. However, in the facts and
circumstances, there shall be no order as
to cost.
---------
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 22.3.2004

BEFORE
THE HON'BLE ANJANI KUMAR, J.

Civil Misc. Writ Petition No. 11625 of 2004

The Committee of Management and
another

 ...Petitioners
Versus
The State of U.P. & others ...Respondents

Counsel for the Petitioners:
Sri Yatindra

Counsel for the Respondents:
Sri I.R. Singh
S.C.

Societies Registration Act, 1860-S. 12-D-
Appeal
before
Commissioner-
Maintainability- Grant of renewal and
registration of list of management of
society by Assistant Registrar- Order set
aside in appeal by Commissioner- Writ
against-In view of S. 12-D of the Act, no
appeal has against order impugned-
impugned order passed in appeal by
Commissioner held without jurisdiction.

Held: Para 4

Learned counsel appearing on behalf of
the petitioner argued that in view of the
provisions
of
Section
12-D
of
the
Societies Registration Act, 1860, no
appeal lies against the order impugned
in the present writ petition, is wholly
without jurisdiction. A perusal of the
Section
12-D
of
the
Societies
Registration
Act,
1860,
referred
to
above, clearly demonstrate that the
contention of learned counsel for the
petitioners has substance.

http://www.allahabadhighcourt.nic.in
1 All] The Committee of Management and another V. The State of U.P. and others 187
(Delivered by Hon'ble Anjani Kumar, J.)

1. Heard Sri Yatindra, learned
counsel appearing on behalf of the
petitioners and the learned Standing
Counsel, who has accepted notice on
behalf of Respondents 1 and 2 as well as
Sri Indra Raj Singh, learned counsel for
the Respondent no. 3.

2. The Petitioners, by means of
present writ petition under Article 226 of
the Constitution of India, have challenged
the order dated 3rd March, 2003, passed
by the Commissioner, Varanasi Division,
Varanasi, copy whereof is appended as
Annexure 16 to the writ petition, whereby
the Commissioner purporting to act under
Section 12-D of the Societies Registration
Act, 1860, as amended in the State of
U.P., set aside the order dated 4th April
2002, passed by Assistant Registrar,
Firms, Societies and Chits, Varanasi
Region, Varanasi by which the Assistant
Registrar
has
granted
renewal
and
registered the list of the management of
society produced before him.

3. Learned counsel appearing on
behalf of the petitioners in support of his
contention relied upon the provision of
Section 12-D of the Societies Registration
Act, 1860, which is reproduced below:

"12-D. Registrar's power to cancel
registration
in
certain
circumstances.....(1)
Notwithstanding
anything contained in this Act, the
Registrar may, by order in writing, cancel
the registration of any society on any of
the following grounds-

(a) that the registration of the society or of
its name or change of name (is) contrary
to the provisions of this Act, or of any
other law for the time being in force.

(b) that its activities or proposed activities
have been or are or will be subversive of
the objects of the society or opposed to
public policy.

(c) that the registration or the certificate
of
renewal
has
been
obtained
by
misrepresentation or fraud.

Provided
that
no
order
of
cancellation of registration of any society
shall be passed until the society has been
given a reasonable opportunity of altering
its name or object or of showing cause
against the action proposed to be taken in
regard to it.

(2) An appeal against an order made
under sub section (1) may be preferred to
the Commissioner of the Division in
whose jurisdiction the Headquarter to the
society lies, within one month from the
ate of communication of such order.

(3) The decision of the Commissioner
under Sub section (2) shall be final and
shall not be called in question in any
court."

4. Learned counsel appearing on
behalf of the petitioner argued that in
view of the provisions of Section 12-D of
the Societies Registration Act, 1860, no
appeal lies against the order impugned in
the present writ petition, is wholly
without jurisdiction. A perusal of the
Section 12-D of the Societies Registration
Act, 1860, referred to above, clearly
demonstrate that the contention of learned
counsel for the petitioners has substance.

http://www.allahabadhighcourt.nic.in
188 INDIAN LAW REPORTS ALLAHABAD SERIES [2004
5. Since it is agreed between the
parties that in the present controversy
pure questions of law are involved,
therefore there is no need to invite any
counter affidavit and the matter be
decided finally.

6. In view of what has been stated
above, without entering into the merits of
otherwise of this case, this writ petition
succeeds and is allowed. The impugned
order dated 3rd March, 2004, Annexure-16
to the writ petition is quashed.
---------
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 22.03.2004

BEFORE
THE HON'BLE S.U. KHAN, J.

Civil Misc. Writ Petition No. 3891 of 2004

Virendra Singh Pal
 ...Petitioner
Versus
Judge,
Small
Causes
Court,
Kanpur
Nagar, and others
 ...Respondents

Counsel for the Petitioner:
Sri Sankatha Rai
Sri Dr. Vinod Kumar Rai
Sri Vijay Kumar Rai

Counsel for the Respondents:
S.C.

Code of Civil Procedure, 1908-Section
47-U.P. Provincial Small Causes Courts
Act-S.17-Suit for eviction and arrears of
rent-Exparte
decree-Restoration
application
dismissed-Executionobjection
denying
plaintiffs
title
as
already acquired by KDA-Rejection by
JSCC-Revision
dismissed-petition
questioning Court's jurisdiction to pass
decree-sought to be executed on basis of
material brought on record only in
execution proceeding consisting of pleas
taken by K.D.A. in earlier suit-petitioner
cannot assert that on basis of material
on record before trial Court till passing of
exparte decree can be said to be nullity
on without jurisdiction-Held, petitioner
cannot be permitted to challenge decree
on
ground
of
nullity
in
execution
proceedings on basis of material brought
on record for first time in execution
proceedings itself.

Held: Para 10

In the instant case the tenant-petitioner
is questioning the jurisdiction of the
Court to pass the decree which is sought
to be executed on the basis of material
brought on record only in execution
proceedings consisting of pleas taken by
K.D.A. in the earlier suit. Neither the
petitioner has asserted nor he can assert
that on the basis of material on record
before the trial court till the date of
passing of the ex-parte decree, the
decree can be said to be nullity or
without jurisdiction. Petitioner in view
of
the
aforesaid
authority
of
the
Supreme Court cannot be permitted to
challenge the decree on the ground that
it was nullity in execution proceedings
on the basis of material brought on
record for the first time in the execution
proceedings itself by him.
Case law discussed:
AIR 1972 SC 1371
AIR 1994 SC 853
AIR 1996 SC 1819
2003 ACJ 1966
(2004) 1 AWC 6
(2004) 1 AWC 247
(1990) 1 SCC 193
AIR 1997 SC 122
AIR 2002 SC 569 & 665
AIR 1998 SC 2549
AIR 1970 SC 1475

(Delivered by Hon'ble S.U. Khan, J.)

1. This is tenant's writ petition.
Landlord respondent filed a suit for
eviction against the tenant petitioner
being SCC Suit No. 360 of 1996 on the
http://www.allahabadhighcourt.nic.in