JUDGMENT
Arun Tandon, J.
1. Heard Sri Ashok Khare Senior Advocate, assisted by Sri S.C. Dwivedi, on behalf of the petitioners, Standing Counsel on behalf of respondents 1, 2, 3 and 4. Sri Adeel Ahmad Khan Advocate has been heard on behalf of caveator, Sri Amar Nath Misra.
2. Ganesh Shankar Vidyarthi Smarak Inter College, Maharajganj is a Society registered under the Societies Registration Act. Dr. Balram Bhatt claiming himself to be the President/Manager of the said Society has filed this writ petition against the order dated 9.7.2004 passed by the Commission, Gorakhpur Division, Gorakhpur in Appeal No. 117-G/1996 (Ganesh Shanker Vidyarthi Smarak, Inter College v. Deputy Registrar, Firms, Societies and Chits, Faizabad)
3. The relevant facts for adjudication of the controversy raised in the present writ petition are that certain objections were filed by Amar Nath Misra pertaining to continuation of certain office bearers of the Society. The objections so filed were pending consideration before the Assistant Registrar, Gorakhpur. However, on an application made the Registrar transferred the said proceedings to the Deputy Registrar, Firms, Societies and Chits, Faizabad. The Deputy Registrar, Faizabad rejected the objections filed by Sri Amar Nath Misra by means of order dated 19.6.1996 in case No. 664. Against the said order of the Deputy Registrar, Faizabad an appeal, being Appeal No. 117-G/1996 has been filed before the Commissioner, Gorakhpur Division, Gorakhpur. In this appeal a preliminary objection has been raised on behalf of the petitioners that the proceedings were legally not maintainable before the Commissioner, Gorakhpur Division, Gorakhpur inasmuch as the order under challenge has been passed by the Deputy Registrar, Faizabad and therefore, appeal against the said order can be filed/ entertained by the Commissioner, Faizabad Division, Faizabad only. The aforesaid preliminary objection raised on behalf of the petitioners has been rejected by the Commissioner, Gorakhpur Division, Gorakhpur by means of order dated 19.7.2004, hence this writ petition.
4. On behalf of the petitioners it is contended that the Commissioner, Gorakhpur Division, Gorakhpur has no territorial jurisdiction to entertain the appeal inasmuch as the order under challenge dated 19.6.1996 was passed by the Deputy Registrar, Faizabad.
5. The Commissioner, Gorakhpur Division, Gorakhpur, by means of order dated 19.7.2004 has rejected the preliminary objection of the petitioners after referring to Section 12-D(2) of the Societies Registration Act. Section 12-D(2) of the said Act reads as under :
“12-D. (2) An appeal against an order made under sub-section (I) may be preferred to the Commissioner of the Division in whose jurisdiction the Head-quarter of the Society lies, within one month from the date of communication of such order.”
6. In view of the aforesaid statutory provision and in view of the admitted position that the headquarter of the Society lies within the territorial jurisdiction of the Commissioner, Gorakhpur Division, Gorakhpur, it cannot be said that the Commissioner, Gorakhpur Division, Gorakhpur had no jurisdiction to entertain and decide the appeal No. 117-G/1996. The contention raised on behalf of the petitioners that since the objections were transferred by the Registrar to the Deputy Registrar, Faizabad and the Deputy Registrar, Faizabad has decided the same, the Commissioner, Faizabad Division, Faizabad only had the jurisdiction to entertain the appeal against the decision of the Deputy Registrar, Faizabad, runs contrary to the aforesaid provisions. Transfer of the proceedings by the Registrar to the Deputy Registrar of any other district other than the district where the headquarter of the Society lies, cannot affect the jurisdiction of the Commissioner of the Division under whose territorial jurisdiction the headquarter of the Society is situate. Transfer of the proceedings is immaterial so far as entertainment of the appeal under Section 12-D(2) of the Act is concerned. The provisions of Section 12-D(2) are categorical in nature and leave no room for doubt. The impugned order passed by the Commissioner, Gorakhpur Division, Gorakhpur, does not call for any interference by this Court under Article 226 of the Constitution of India.
7. At this stage it has been contended that the appeal is pending before the Commissioner, Gorakhpur Division, Gorakhpur since 1996 and more than 8 years have lapsed, the same require to be decided at the earliest. In view of the above it is provided that Appeal No. 117-G/1996 pending before the Commissioner, Gorakhpur Division, Gorakhpur, shall be decided by the Commissioner within one month from the date a certified copy of this order is filed before him. It is further made clear that this Court has not entered into the merits of the question as to whether the appeal is maintainable under Section 12-D(2) of the Act or not. It is open to the parties to raise such objections before the Commissioner.
8. With the above directions the writ petition is disposed of finally.