U.P. Development of Electro Homoeopathic System of Medicine, U.P. and Others vs State of U.P. and Others

The petitioner-society was registered u/s 3(A) (as applicable to the State of U.P.) of the Societies Registration Act, 1860. The Certificate of Registration granted to the Society expired in October, 1983. The petitioner applied for the renewal of the Certificate of Registration. Since no action was taken on the application the petitioner approached this Court by way of this writ petition under Article 32 of the Constitution of India. It is not disputed by the learned Counsel for the parties that the matter regarding renewal of the Certificate of Registration is still pending consideration before the Registrar of Societies, State of U.P.

We have heard learned Counsel for the parties. Although various questions regarding the eligibility of the petitioner-society to run the educational institutions have been raised in these proceedings but it is not necessary for us to go into the same. We are of the view that the Registrar of the Societies was under a statutory obligation to decide the application filed by the Society for renewal of the registration certificate. We direct the respondent-Registrar Firms, Societies and Chits, Uttar Pradesh, Lucknow to decide the application of the petitioners within three months from today after hearing the petitioner. The petitioner-Society through its representative shall appear before the Registrar on December 16, 1992. The Registrar shall pass a speaking order dealing with all the points raised by the parties. The writ petition is disposed of accordingly. Copy of this order be sent to the Registrar, Societies, State of U.P. Writ Petition (C) No. 11837/85

The writ petition is dismissed as withdrawn.