Court No. - 39 Case :- WRIT - C No. - 64645 of 2009 Petitioner :- Chhakki Lal Respondent :- The Dy. Registrar, Firms Societies And Chits And Others Petitioner Counsel :- Vivek Mishra Respondent Counsel :- C.S.C.,Anil Kumar Sharma,H.V. Srivastava Hon'ble Dilip Gupta,J.
The petitioner has sought the quashing of the order dated 25th
August, 2009 passed by the Deputy Registrar, Firms, Societies and
Chits (hereinafter referred to as the ‘Deputy Registrar’) by which
he has rejected the objections filed by the petitioner under Section
12-D of the Societies Registration Act, 1860 (hereinafter referred
to as the ‘Act’) for cancelling the registration of the Society on the
ground that it had been obtained by fraud or misrepresentation.
Sri Vivek Mishra, learned counsel appearing for the petitioner has
raised a number of submissions against the impugned order but it
is pointed out by Sri Anil Kumar Sharma, learned counsel
appearing for the respondents that against the order passed under
Section 12-D(1)(c) of the Act an appeal lies to the Commissioner
of the Division under Sub-section 2 of Section 12-D.
It is not disputed by Sri Mishra learned counsel appearing for the
petitioner that an appeal can be filed under Section 12-D(1)(c) of
the Act. In such circumstances, the Court declines to entertain this
petition as the petitioner can file an appeal to the Commissioner of
the Division under Section 12-D(2) of the Act.
Sri Mishra then submitted that he will file an appeal within a
period of three weeks’ from today but a direction may be issued to
decide the appeal expeditiously.
The petition is, accordingly, dismissed on the ground of
availability of statutory alternative remedy. It is, however,
observed that in the event the petitioner files an appeal within a
period of three weeks’ from today, the same shall be disposed of
expeditiously by the Appellate Authority after hearing the parties
concerned.
Order Date :- 5.1.2010
NSC