The "Good Shepherd" Agricultural Mission vs The Prescribed Authority (appointed under the Societies Registration Act)/SDM and Others and Malcolm Rencontre and Others

B.S. Verma, J.—Heard learned Counsel for the parties and perused the record.

By means of the review application (No. 824 of 2010), the respondent Nos. 2 to 4 have sought review of the order dated 30-8-2010 passed in the writ petition.

By the order dated 30-8-2010, this Court had directed the Prescribed Authority to dispose of the preliminary objection before proceeding further in the matter, after hearing both the parties and on the basis of material available on record. It was further ordered that the petitioner would also be at liberty to raise other objections including the objection on the point of maintainability of application before the Deputy Registrar concerned, who shall decide the preliminary objection within a period of eight weeks from the date of production of a certified copy of this order.

The review application has been moved on the ground that on the date of hearing, the judgment was reserved by the Prescribed Authority. This fact had not been brought to the notice of this Court.

Learned Counsel for the petitioner-O.P. has stated at Bar that when this Court passed the order dated 30-8-2010, the Officer who was holding charge of the Prescribed Authority was transferred to other place.

I have perused the order dated 30-8-2010 passed in the writ petition. No good ground is made out to review the order on the above ground, since the Officer had already been transferred and the judgment was not delivered by the officer concerned.

However, it is provided that the Officer holding charge of the Prescribed Authority shall dispose of the preliminary objection within a period of six weeks from the date of production of a certified copy of this order and he shall also conclude the proceedings pending u/s 25(1) of the Societies Registration Act, expeditiously, preferably within a period of eight weeks thereafter. To that extent only, the earlier order dated 30-8-2010 stands modified.

The review application No. 824 of 2010 is disposed of accordingly.