Taekwondo Asociatation Of Maharashtra Thr Its Treasurer v. The Assistant Registrar Of Soc Greater Bombay And ANR

8-ASWP-8792-2022.DOC Shubhada S Kadam

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8792 OF 2022 Taekwondo Association of Maharashtra through Its Treasurer

...Petitioner

Versus

The Assistant Registrar of Societies, Greater Bombay & Ors

...Respondents

Mr Sushant S Prabhune, for the Petitioner.

Mr KSThorat, AGP, for the Respondent-State.

CORAM

G.S. Patel & S.G. Dige, JJ.

DATED:

10th January 2023 PC:- 1.

The Taekwondo Association of Maharashtra, which is the Petitioner in Writ Petition No 8684 of 2022, in which we have just rendered a judgment rejecting the petition, is also the petitioner here. The relief sought against the Assistant Registrar of Societies is for a mandamus directing that authority to cancel the registration of the 2nd Respondent, India Taekwondo.

2.

Ex-facie, it is difficult to see how such an order can be the subject matter of a mandamus. Registrations are the subject of the Societies Registration Act, 1960. The society may also be registered by SHUBHADA SHANKAR KADAM Date:

2023.01.12 11:00:12 +0530 10th January 2023 SHUBHADA SHANKAR KADAM

8-ASWP-8792-2022.DOC as a Public Trust governed by the Maharashtra Public Trust Act, of 1950. If this be so, we do not see how such a Writ Petition lies. In any case, a mandamus may issue to an authority to decide a particular application. We can seldom conceive of an order directing an authority to decide an application in a particular way. 3.

To obtain the relief, the Petition demands that we enter into controversial and contentions factual questions. We cannot. 4.

This Writ Petition is also rejected. No costs. (S.G. Dige, J) (G. S. Patel, J) 10th January 2023