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2023 DIGILAW 59 (UTT)

Ashok Gramodyog Sansthan v. Public In General

2023-01-11

VIPIN SANGHI

body2023
JUDGMENT Vipin Sanghi, CJ. - The present writ petition, under Article 227 of the Constitution of India, has been preferred by the petitioner to assail the order dated 08.12.2022, passed by the Ist Additional District Judge, Haridwar, District Haridwar, in Misc. Case No.07 of 2022, whereby the application preferred by the petitioner- society under Section 5A of the Societies Registration Act, as amended by the Uttarakhand Amendment Act No.04 of 2019, has been dismissed, and the permission sought by the petitioner to transfer the land of the Society has been denied. 2. The submission of learned counsel for the petitioner is that under Section 5A of the Societies Registration Act, the Governing Body cannot transfer, without the previous approval of the Court, any immovable property belonging to such society. Explanation (1) states that the expression 'Court' has the same meaning as assigned to it in Section 13. Section 13 of the Societies Registration Act, as applicable in the State of Uttarakhand, shows that 'Court' means the Principal Court of original jurisdiction of the district, in which, the registered office of the Society has been situated. 3. Learned counsel for the petitioner submits that, firstly, the petitioner- society is not registered in the State of Uttarakhand with the Registrar of the Societies. The petitioner has placed on record the registration certificate of the petitioner- society issued by the Registrar of Societies of Uttar Pradesh, dated 01.02.2022, which records that the petitioner- society has its registered office at 30/A/23, Madanpur Colony, Chilkana Road, Saharanpur- 247001, and it was issued registration vide Registration Certificate No.1601, dated 02.11.1991, which has been renewed for a period of five years on 02.11.2021. 4. Learned counsel submits that neither the registered office of the petitioner- society is situated in the State of Uttarakhand, nor is the petitioner- society registered with the Registrar of Societies, Uttarakhand. Therefore, the application under Section 5A of the Societies Registration Act, as applicable to the State of Uttarakhand, was misconceived, and the Court of Ist A.D.J. Haridwar, District Haridwar did not have the jurisdiction to deal with Misc. Case No.07 of 2022. 5. Learned counsel has also drawn the attention of the Court to the application, as filed in the Court of District Judge, Haridwar, wherein in Paragraph No.1, it had been clearly disclosed that the registered office of the petitioner- society is situated at Saharanpur, Uttar Pradesh. Case No.07 of 2022. 5. Learned counsel has also drawn the attention of the Court to the application, as filed in the Court of District Judge, Haridwar, wherein in Paragraph No.1, it had been clearly disclosed that the registered office of the petitioner- society is situated at Saharanpur, Uttar Pradesh. He submits that, in the aforesaid light, the learned Ist A.D.J. Haridwar should have returned the application, as moved, since he did not have the jurisdiction to deal with the matter. 6. I have heard learned counsel, and perused the record. 7. From the record produced before the Court, it appears to this Court that the learned District Judge, Hardiwar, District Haridwar did not have the jurisdiction to deal with the petitioner's application under Section 5A of the Societies Registration Act, as applicable to the State of Uttarakhand, since the petitioner's registered office is not in the State of Uttarakhand, and it is not a society registered with the Registrar of Firms in the State of Uttarakhand. 8. The impugned order, therefore, has been passed without jurisdiction and, is, accordingly, set-aside. 9. The writ petition is allowed in the aforesaid terms. 10. Pending application, if any, stands disposed of.