KAILASH AND 8 OTHERSversusSTATE OF UTTAR PRADESH AND 3 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD

                       WRIT - C No. - 38432 of 2026

Kailash And 8 Others
                                                                .....Petitioner(s)
                                    Versus
State Of Uttar Pradesh And 3 Others
                                                              .....Respondent(s)

Counsel for Petitioner(s)        : Ajit Narain Mishra, Ashutosh Srivastava,
                                   Devansh Misra
Counsel for Respondent(s)        : C.S.C.

Court No. - 38
                     HON'BLE VINOD DIWAKAR, J.

1. Heard Shri Devansh Mishra, learned counsel for the petitioners, Shri
Prabhakar Awasthi, learned Senior Counsel, assisted by Shri Deepak Kumar,
learned counsel for the respondents, Shri Jitendra Singh, learned Standing
Counsel for the State-respondents, and perused the record.

2. The present petition has been preferred assailing the impugned order dated
14.07.2026 passed by the Deputy Registrar, Firms, Societies and Chits,
Gorakhpur Division, Gorakhpur, whereby the petitioner's right to participate
in the meeting of the governing body has been denied, by declaring the
society's membership as time-barred.

3. Shri Devansh Mishra, learned counsel for the petitioners, states that the
Deputy Registrar has failed to take into account the findings recorded by the
Civil Court in Suit No.636 of 2026, wherein the petitioner had moved an
application under Order XXXIX Rules 1 & 2 of the Code of Civil Procedure,
1908, seeking injunction against the implementation of the proceedings of
the Agenda, annexed as Annexure-9 to the writ petition. He further submits
that after hearing learned counsel for the parties therein, the Civil Court had
directed the Pipiganj Educational Society, Pipiganj, Gorakhpur, to allow the
petitioner to participate in the activities of the society, including the conduct
of and participation in the election, and had further held that the society
could not cancel the petitioner's name from the membership register. In view
thereof, learned counsel submits that the impugned order, having been
passed in disregard of the aforesaid findings of the Civil Court, is erroneous
in law and liable to be set aside.
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4. Per contra, Shri Prabhakar Awasthi, learned Senior Counsel for the
private respondents, states that the order of the Civil Court has been obtained
by the petitioner in collusion with respondent no.4-Dr. Badruddin. It is
submitted that the society was not made a party to the said proceedings, the
order of the Civil Court was never intimated to the Deputy Registrar, and the
entire exercise appears to have been undertaken in collusion, so as to
circumvent the administrative proceedings pending before the Deputy
Registrar.

5. Shri Jitendra Singh, learned Standing Counsel, states that the impugned
order was passed by the Deputy Registrar on an independent examination of
the record and the affairs of the society, and since the Deputy Registrar was
not impleaded as a party in the civil suit, the findings recorded therein could
not have been taken into consideration while passing the impugned order.

6. Having heard learned counsel for the parties, this Court is of the view that
it is a settled position in law that the findings recorded by a Civil Court have
a binding effect on statutory proceedings, unless and until such findings are
set aside by the appellate court. This Court, exercising jurisdiction under
Article 226 of the Constitution of India, cannot examine the validity or
correctness of the findings recorded by the Civil Court in Suit No.636 of
2026, that being a matter to be agitated, if at all, before the appropriate
forum in accordance with law.

7. However, since the impugned order has admittedly been passed without
adverting to the findings of the Civil Court, the same cannot be
sustained. Accordingly, the impugned order dated 14.07.2026 is set aside,
with a direction to the Deputy Registrar, Firms, Societies and Chits,
Gorakhpur Division, Gorakhpur, to pass a fresh order, after taking into
consideration the findings recorded by the Civil Court in Suit No.636 of
2026, as also the objections raised by the private respondents regarding
collusion and non-impleadment, within a period of one month from the date
of production of a certified copy of this order.

8. All the parties who are likely to be affected shall be afforded an
opportunity of hearing by the Deputy Registrar, Firms, Societies and Chits,
Gorakhpur Division, Gorakhpur, before a fresh order is passed.

9. The present petition is disposed of with liberty to the petitioners, as also to
the private respondents, to raise all contentions available to them in law
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                                    before the Deputy Registrar, Firms, Societies and Chits, Gorakhpur
                                    Division, Gorakhpur.

                                    September 23, 2026
                                    Anil K. Sharma
                                                                                    (Vinod Diwakar,J.)




Digitally signed by :-
ANIL KUMAR SHARMA
High Court of Judicature at Allahabad