Court No. - 32 Case :- SPECIAL APPEAL DEFECTIVE No. - 632 of 2010 Petitioner :- Smt. Harnandi & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- W.A. Siddiqui Respondent Counsel :- C.S.C.,D.S. Padey Hon'ble R.K. Agrawal,J.
Hon’ble S.C. Agarwal,J.
The Societies Registration Act, 1860 falls under Entry 32 of List II-State List
of 7th Schedule of the Constitution of India. The appellant filed an application
before the Deputy Registrar, Firms, Societies and Chits, Meerut on 16th
March, 2009 seeking cancellation of the registration earlier granted to the
respondent no.6. Writ Petition No.49667 of 2009 was also preferred by the
present appellant which was dismissed on the ground of alternative remedy
available by filing appeal under Section 12D(2) of the Societies Registration
Act, 1860. The appeal preferred by the appellant has been dismissed. The
order was challenged before the learned Single Judge who vide judgment and
order dated 4th May, 2010 has been pleased to dismiss the writ petition
against which the present special appeal has been filed.
The appeal itself is not maintainable under Chapter VIII Rule 5 of the Rules
of The Court as the appeal arises from the order passed by the learned Single
Judge deciding the appellate order passed by a statutory authority under the
Act, which falls under the State List. The appeal is dismissed as not
maintainable. Since the appeal itself is not maintainable the question of
condonation of delay does not arise.
Order Date :- 20.7.2010
mt