Badri Prasad Tripathi and Another vs Commissioner Allahabad and Others

M. Katju, J.—Heard Sri. K.N. Tripathi for the Petitioners and Sri. K.M. Dayal for the Respondent No. 3.

The dispute in this case relates to a Society known as Gram Vikas Samiti, Devnahari, post Sahson, District Allahabad, which is running an educational institution. The Petitioners are aggrieved by the Impugned orders dated 17.2.93 and 20.3.95 Annexures-13 and 17 to the writ petition. By the order dated 17.2.93 the Assistant Registrar accepted the claim of Respondent No. 3 by holding that the election of Respondent No. 3 as Secretary/Manager in the institution on 10.9.89 was valid and therefore, the registration certificate which is renewed in his name was also valid. This order has been confirmed in appeal u/s 12D of the Societies Registration Act.

Learned Counsel for the Petitioners has urged that the statement in Paragraph 6 of the impugned order dated 20.3.95 that the Petitioners never filed any evidence although six notices were sent to them is factually incorrect and in fact the Petitioners filed a lot of evidence before the Respondent No. 2 but which not been taken Into consideration.

It is settled law, that if a party contends that a wrong statement has been made by the authority or the Judge in the impugned order, then that party should approach the same authority or Judge for rectification of the factual averment vide Hitendra Vishnu Thakur and Others Vs. State of Maharashtra and Others, . Hence, the proper remedy for the Petitioners is to approach the Commissioner, Allahabad, for rectification of the order dated 20.3.95 and if he does so, the same shall be decided within two months of the production of the certified copy of this order before the Commissioner after hearing the parties concerned.

With these observations, the writ petition is finally disposed of.