SPLA/416/2025 of NAGENDRA KUMAR YADAV Vs KITULI GYANODAYA SHIKSHA PRASAR SAMITI THRU. MANAGER KISHORI LAL(KISHAN LAL) AND ORS. on 25 November 2025

1. Heard Shri Ajay Sharma, learned counsel for the appellant, Shri Kafiya, learned counsel for respondent nos.1 and 2, learned Standing Counsel for State respondent no.3 and Shri Shivam Sharma, learned counsel for respondent no.4.

2. Prima facie, the order impugned before the writ court was passed under the amended Sections 4(B)(1) and 4(B)(2) as inserted in the Societies Registration Act, 1860 by the Societies Registration (Uttar Pradesh Amendment) Act, 2021 which came into effect from 18.07.2022. The order is dated 07.08.2025. Against such an order an appeal lies under Section 4(B)(1)(A) of the Societies Registration Act, 1860. The question before the learned Single Judge was whether the appeal was maintainable or not and if it is maintainable then whether inspite of the statutory remedy of appeal the writ petition should be entertained or not. The learned Single Judge has noticed the objections of the appellant and also opined that the matter requires consideration, but instead of considering the matter it has Versus Counsel for Appellant(s) : Ajay Sharma Counsel for Respondent(s) : Kafiya, C.S.C., Kafiya, Rakesh Devi Prasad Kumar, Shivam Sharma Nagendra Kumar Yadav .....Appellant(s) Kituli Gyanodaya Shiksha Prasar Samiti Thru. Manager Kishori Lal(Kishan Lal) And Ors. .....Respondent(s)

been posted to January 5, 2026 and in the interregnum an interim order has been passed. Of course learned counsel for the respondents states that the order dated 07.08.2025 could not have been passed under the amended provision contained in Section 4(B)(1) and 4(B)(2) of the Societies Registration Act, 1860 as the list related to the year 2021-22, but this has also not been considered by the learned Single Judge and no opinion even prima facie has been expressed.

3. Infact the question to be considered was, if the order had been passed on 07.08.2025, that is, after insertion of the provision contained in Section 4(B)(1)(A) of the Societies Registration Act, 1860 providing a statutory remedy of appeal, then, against such order dated 07.08.2025 an appeal would lie or not. The ground which may be taken to assail the order dated 07.08.2025, would not be relevant except if it was in violation of natural justice or was without jurisdiction. This question was to be considered by the learned Single Judge but has not been considered and without considering it and posting the matter for January, 2026 an interim order has been passed in the meantime which is not sustainable, especially as prima facie the objection was not such which required a lengthy hearing.

4. We accordingly set aside the impugned order and direct the Registry to post the writ petition bearing Writ C No.10329 of 2025 before the concerned writ court on December 04, 2025 as a fresh case. We request the learned Single Judge to consider maintainability of the writ petition and based thereon, if the occasion so arises, the application for interim relief, which may have been SPLA No. 416 of 2025

filed, be considered afresh.

5. The appeal is allowed in the aforesaid terms. November 25, 2025 Arnima SPLA No. 416 of 2025

(Rajeev Bharti,J.) (Rajan Roy,J.) Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench