Gurdeep Singh Sahota And Others vs State Of Uttarakhand And Others

Manoj Kumar Tiwari, J

By means of this writ petition, petitioners have sought following reliefs:

“i. Issue writ or direction in the nature of certiorarified mandamus, declaring the inaction of the state authorities to procrastinate for disposal of the

representation and statutory proceedings in respect of gravedances raised against the private respondents is unjust, arbitrary and unreasonable and

direct the state respondents to appoint receivers to manage the affairs of Shri Guru Singh Sabha Society and to prevent the misuse of the assets and

property and finance of the Society keeping in view of the facts highlighted in the representation of the petitioners and the averments of the writ

petitions or to mold the relief appropriately keeping the view of fact highlighted in the body of the petition.

ii. To issue writ of direction in the nature of mandamus to direct the prescribed authority and SDM to decide the case no. 01/2017 pending before him

under section 25 of the Society Registration Act at the earliest to avoid any multiplicity of the legal proceedings.

iii. To issue any order or direction to appoint a receiver so that all the work of the Guru Singh Sabha society can be in accordance of law with the

mandate of the statues.

iv. To freeze all the accounts of the Guru Singh Sabha Society and seal all its offices until the fresh elections are taken place as per the statues and

rules applicable to the society in its appointment of member president and other executives.

v. Issue any other writ rule or direction which this Hon’ble Court may deem fit and proper in circumstances of the case including for setting up

enquiry against the erring officer and to take appropriate action against the same.â€​

In sum & substance, grievance of the petitioners is that the Prescribed Authority, under Societies Registration Act, is seized of the dispute, which

has been referred to him on 07.09.2017.

According to the petitioners, pendency of the said dispute before the Prescribed Authority is creating several problems in the management of the

Society. It is further the contention of the petitioners that the present Committee of Management is misusing its powers by alienating the property of

the Society.

Since the Prescribed Authority is seized of the matter and the dispute is pending before him for nearly four years, therefore, the Writ Petition is

disposed of with a direction to Prescribed Authority to consider and decide the reference made to him on 07.09.2017 as early as possible; but, not later

than six months from the date of production of certified copy of this order.