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Patna High CourtCWJC/17052/2011dismissed

Sarvodaya Ashram Khadi Gramody v. The State Of Bihar And ORS

2015-10-05Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17052 of 2011 ====================================================== Sarvodaya Ashram Khadi Gramodyog Vibhag .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar For the Respondent/s : Mr. Dhirendra Choubey, Advocate For the State Mr. Vikash Ratan Bharti A.C. to G.P-30. ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 05-10-2015 This writ application has been filed by the petitioner with a prayer to approve Managing Committee of Sarvodoay Ashram, Ranipatra, Purnea.

A counter affidavit has been filed on behalf of respondent no. 2 as well as respondents no. 4 to 9. In the counter affidavit filed on behalf of respondents no. 4 to 9 it has been stated that there is serious dispute with regard to validity of the two parallel Managing Committee of the petitioner Society. One committee is represented by the Secretary Dr. Dilip Kumar Mahto whereas the other represented by Dr. Ram Mohan Singh Manoj The Society having been registered under the Society Registration Act. The inter se dispute of the two parallel committees was referred to the Higher Authority of the Registration Department. The registration department has taken a view that

Patna High Court CWJC No.17052 of 2011 (3) dt.05-10-2015 2/2 any dispute of such nature can only be resolved by the Civil Court.

This court does not find any illegality in the view taken by the respondent. The application is dismissed. However, dismissal of this application shall not preclude the petitioner and other respondents from approaching the court of competent jurisdiction for resolving such dispute. (Kishore Kumar Mandal, J) M.Rahman/- U T