JAGDISH AND 2 OTHERSversusSTATE OF U.P. AND 4 OTHERS

              HIGH COURT OF JUDICATURE AT ALLAHABAD

                            WRIT - C No. - 38228 of 2025

Jagdish And 2 Others
                                                                        .....Petitioner(s)
                                        Versus
State Of U.P. And 4 Others
                                                                      .....Respondent(s)

Counsel for Petitioner(s)               :   Bhagwan Dutt Pandey, Kamlesh Singh
Counsel for Respondent(s)               :   C.S.C.

Court No. - 29
                        HON'BLE ARINDAM SINHA, J.
                        HON'BLE SATYA VEER SINGH, J.

1. Petitioner no. 1 says, he is the Vice President of petitioner no. 2 society and
petitioner no. 3 is said to have been appointed as Secretary. Mr. Bhagwan Dutt
Pandey, learned advocate appears on behalf of petitioners.
2. Mr. Pandey submits, impugned is order dated 30th June, 2025 made by respondent
no. 2 (the Director/Registrar) refusing to confirm appointment of petitioner no. 3 as
Secretary. He refers to the bye law, paragraph 41 to submit, in absence of the
President, the Vice President can take steps in respect of the society. He draws
attention to resolution dated 12th June, 2024 taken by the members, for appointment
of petitioner no. 3 as Secretary, taken in the meeting which the President did not
participate, in spite of notice. On query Mr. Pandey submits, paragraph 31 in the bye
laws provide for appointment of Secretary.

3. Added by us respondent no.6 is the President. Mr. Anil Kumar Bind, learned
advocate appearing on his behalf relies on paragraphs 4, 6 and 9 of his client's counter,
to oppose the writ petition. Dr. D K Tiwari learned advocate, Additional Chief
Standing Counsel appears for State.

4. Impugned order clearly mentions three notices were issued to petitioner no.1 but he
did not appear. Mr. Pandey draws attention to paragraph 32 in the writ petition, on
submission, no notice was ever served. Paragraph 32 is reproduced below :-

      "32. That the finding recorded under the order impugned dated
      30.06.2025 inspite of fixing 3 days for hearing the petitioners remained
      absent and failed to submit his version, is absolutely incorrect in as much
      as no notice as is mentioned under the order impugned dated 23.05.2025,
      05.06.2025 and 13.06.2025 have been served to the petitioners by any
      manner and as such the petitioners have no knowledge of the date fixed
      for hearing as stated in the order impugned, hence in absence of the date
      of hearing of the proceeding the petitioners could not appear and the
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                                          respondent authority acting in very arbitrary manner without affording
                                          opportunity of hearing to the petitioners passed the impugned order in the
                                          exparte manner and rejected the claim illegally."

                                    Respondents have not been able to demonstrate otherwise.

                                    5. Impugned order is set aside and the matter restored to respondent no.3. On query
                                    Dr. Tiwari submits, Court fix the date. Petitioner(s) will appear before respondent no.3
                                    on 24th March, 2026 at noon, armed with relevant documents to state their case.
                                    Added respondent no.6 may also present himself at the time and date. In event
                                    respondent no.3 is not in a position to hear petitioner(s), they be informed of
                                    adjourned date on acknowledgement obtained. Upon hearing petitioner(s), respondent
                                    no.3 will pass order afresh.

                                    6. The writ petition is disposed of.

                                    March 19, 2026
                                    VS
                                                                                                      (Arindam Sinha,J.)



                                                                                                    (Satya Veer Singh,J.)




Digitally signed by :-
VIDYA SAGAR BARATAM
High Court of Judicature at Allahabad