Court No. - 21 Case :- WRIT - C No. - 42 of 2010 Petitioner :- M/S Fajal Ganj Jeep Operators Asso. Thru Sec. And Another Respondent :- State Of U.P. & Others Petitioner Counsel :- Shailendra Yadav Respondent Counsel :- C.S.C. Hon'ble V.K. Shukla,J.
Contention of the petitioners is that while undertaking renewal
proceeding, in the list of office bearer of the society, which has
been submitted by Rakesh Dixit, respondent no.4 on 13.7.2009,
name of 8 valid office bearer of the society has been left out.
Petitioners submit that while renewal proceeding started, no notice
whatsoever has been given to the office bearers of the society of
the petitioners. Record in question reflects that on 23.7.2009
notices were issued to the office bearer of the society to file
objection. Petitioners submit that at no point of time any such
notice had ever been received by the office bearer and in the
absence of the notice, officer bearer had not appeared. Petitioners
submit that large scale fraud and manipulation has been made
before the Deputy Registrar, Firms, Society & Chits, Kanpur
Nagar, and application has been moved with affidavit mentioning
therein that list of incumbent submitted is fake list and there is no
change in the office bearer of the society.
As it is being alleged by the petitioners that at no point of time any
notice had ever been received by the office bearer, and fraud has
been practiced, as such liberty is given to petitioners to make fresh
representation along with certified copy of this order within three
weeks from today before the Deputy Registrar, Firms, Society &
Chits, Kanpur Nagar, who shall take appropriate decision in
accordance with law, preferably within period of two months from
the date of production of certified copy of this order after affording
opportunity of hearing to the petitioners as well as Rakesh Dixit,
respondent no.4. Whatever decision is taken, same be
communicated to the petitioners thereafter. Reasoned order shall
be passed.
With these observations, writ petition is disposed of.
Order Date :- 6.1.2010
T.S.