Neutral Citation No.

- 2023:AHC-LKO:602

Court No. - 19

Case :- MATTERS UNDER ARTICLE 227 No. - 5173 of 2022

Petitioner :- Anjul Oberoi

Respondent :- Commissioner, Lko. Division, Lko. And 2 Others
Counsel for Petitioner :- Rajesh Kumar Srivastava
Counsel for Respondent :- C.S.C.

Hon'ble Manish Mathur,J.

Heard learned counsel for petitioner and learned State Counsel

for opposite parties 1 and 2. In view of order being passed,
notices to opposite party No.3 stand dispensed with.

Petition has been filed seeking a direction to opposite party

No.1 to consider and decide pending appeal under Section 12-D
of the Societies Registration Act 1860 expeditiously within
stipulated time period.

Learned counsel for petitioner submits that an order under

Section 12-D of the aforesaid Act was passed on 10th
December, 2020 against petitioner against which the appeal has
been preferred before the opposite party No.1. It is submitted
that contesting respondents in the appeal have already put in
appearance and filed their response as well but only general
dates are being allocated in the matter and appeal as such is
pending consideration since 18th December, 2020. As such it is
submitted that a direction for expeditious disposal of appeal is
required to be issued.

Learned State Counsel has opposed submission advanced by

learned counsel for petitioner with submission that perusal of
order sheet itself indicates that hearing could not take place in
the matter on account of boycott calls by the bar association
concerned and as such petitioner can not seek benefit of his
own wrong.

Considering submissions advanced by learned counsel for

parties and upon perusal of material on record, it appears that
appeal preferred by petitioner under aforesaid provisions is
pending consideration since December, 2020 in which the
contesting respondents have already put in appearance have
also filed their written statement. However a perusal of order
sheet also indicates that hearing on a number of occasions could
not take place on account of boycott calls of the bar association
concerned. Nonetheless once the appeal is pending
consideration in which the contesting respondents have not only
put in appearance but also filed their response, it would be in
the interest of justice that the aforesaid appeal should be
decided expeditiously. As such the opposite party No.1 i.e.
Commissioner, Lucknow Division, Lucknow is directed to
decide appeal No. 1665/2020, Computerized No.
C202010000001665, under Section 12-D(2) of Societies
Registration Act, 1860 (Lucknow District Basket Ball
Association versus Deputy Registrar, Firms Societies and Chits,
Lucknow Division, Lucknow and another) expeditiously
preferably within a period of four months from the date a copy
of this order is brought on record in proceedings. Benefit of this
order shall be available to the petitioner only if he cooperates in
early disposal of appeal.

The petition stands disposed of.

Order Date :- 3.1.2023

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