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Jharkhand High Court · body

2008 DIGILAW 683 (JHR)

Randhir Singh v. State of Jharkhand

2008-07-03

N.N.TIWARI

body2008
Order The petitioner, in this writ petition, has prayed for quashing the registration of Bihar Cricket Association, which was registered in this State in the year 2003-04, bearing registration No. 107 dated 28.8.2003, as contained in Annexure-4. 2. It has been stated that the said Bihar Cricket Association has been registered under the Societies Registration Act and subsequently its name has been changed as Jharkhand State Cricket Association, as contained in Annexure-8. It has been further stated that in the name and style of Bihar Cricket Association, one association was already registered. So long the said registration in the name of Bihar Cricket Association was there registration of the Association in the same name and style is violative of Sections 12(A), 12(B) of the Bihar Amendment in Societies Registration Act, as also Sec tions 21 and 23 of the Bihar Amendment, Societies Registration Act. The petitioner protested against such illegal registration of the respondent but till date no order has been passed by the competent authority. 3. A counter affidavit has been filed on behalf of the State-respondent Nos. 1, 2 and 3. It has been stated, inter alia, that registration of the society in the name and style of Bihar Cricket Association was done on the application of Bihar Cricket Association having its headquarters at Keenan Stadium, Jamshedpur. The application was found in order and as such the Association was registered by giving Registration No. 107 of 2003-04. No illegality has been done in the said registration. Subsequently, an application was filed dated 9.10.2004 for changing the name of the society from Bihar Cricket Association to Jharkhand State Cricket Association. The application was accepted on 23.3.2005. It has been further stated that all the relevant provisions of the Societies Registration Act and Rules have been properly followed and. there is no infirmity and illegality In registration of the society. The registration had been done in the light of the judgment of the Hon 'ble Supreme Court. 4. I have heard learned counsel for the parties. The grievance of the petitioner is that under the same name and style one society was already registered. The subsequent registration in the same name and style is contrary to the provisions of Section 12(B) of the Societies Registration Act. 4. I have heard learned counsel for the parties. The grievance of the petitioner is that under the same name and style one society was already registered. The subsequent registration in the same name and style is contrary to the provisions of Section 12(B) of the Societies Registration Act. It has been stated that objection to the registration also has not been entertained and the order has been arbitrarily passed ignoring the said legal provisions. 5. Learned J.C. to A.G. appearing on behalf of the respondents submitted that there is no violation of any provision of Section 12(B) or any other provisions of Societies Registration Act and the society has been registered after following the due procedure. 6. In course of hearing, it has been pointed out that though the respondents have stated that the order has been passed in accordance with the decision of the Hon 'ble Supreme Court, the detail of the order has not been handed over to the petitioner, neither detail of the Hon 'ble Supreme Court's decision has been disclosed in this Court on the basis of which the impugned decision is said to have been taken. 7. Learned counsel for the parties submitted that the registration has been made by the Inspector General of Registration, Jharkhand. The controversy which has been raised in this writ petition is of the nature which requires to be considered by the said authority. 8. Considering the above, this writ petition is disposed of giving liberty to the petitioner to raise his grievances/objections by filing a representation before the Inspector General of Registration, Jharkhand. If such representation is filed, the said respondent shall consider the same and after giving an opportunity of hearing to the petitioner, as also to all other interested parties, pass reasoned order in accordance with law. 9. In view of the order passed in this writ petition, the petitioner does not press the Interlocutory Application being I.A. No. 1515 of 2008. The same is rejected, as not pressed. 10. The Inspector General of Registration, Jharkhand shall try to dispose of the matter within three months from the date of receipt of the representation.