IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4313 of 2008 1. Vanvasi Seva Kendra,Adhaura, Kaimur through its Secretary. 2. Sadanand Rai, Secretary, Vanvasi Seva Kendra, Son of late Chandradeo Rai, Resident of Village Dora, PS Sadat, District Gazipur (U.P.) ----- Petitioner Versus 1. The State of Bihar, through the Inspector General of Registration, New Secretariat, Patna, Bihar. 2. The Inspector General of Registration, New Secretariat, Patna, Bihar. 3. The Deputy Inspector General of Registration, Department of Registration, Excise and Prohibition, New Secretariat, Patna, Bihar. ----- Respondents. ----------- 7 20.9.2011 This writ application has been filed by Vanvasi Seva Kendra, Adhaura, Kaimur (hereinafter referred to as ‘the N.G.O.) through its Secretary, petitioner no. 2 Sadanand Rai. In this writ application a prayer has been made to quash Annexure-17 dated 9.1.2008 which is an order issued by the Deputy Inspector General of Registration, Bihar, Patna rejecting the amendment filed by the N.G.O. on the ground that it does not fulfill the conditions of Sections 4, 4A and 12 of the Societies Registration Act, 1860. Before dealing with the issues in this writ application, it would be proper to refer to factual background with respect to the dispute that has arisen in the administration of the N.G.O. The detail facts are available in the order as contained in Annexure-16 dated 29.1.2008 decided by this Court in CWJC No. 2 12183 of 2007. The short facts are that petitioner no. 2 had come to this Court challenging the order of the Bank by which the operation of the account of the N.G.O. had been stopped on an application filed by the erstwhile Chairman of the N.G.O. Hari Krishna Thakur. This Court on examining the facts found that there was a valid election in which a new Chairman was elected and this fact was communicated to the Bank by the erstwhile Chairman Hari Krishna Thakur. This Court also observed that if there was any dispute as to which was the valid elected Committee, it could only be resolved by a competent Civil Court and the Bank had no business to stop the operation of account of the N.G.O. on the basis of the letter issued by Hari Krishna Thakur. Counsel appearing on behalf of the State has raised a preliminary objection stating therein that in the counter affidavit filed by them in the earlier writ application i.e. CWJC No. 12183 of 2007, the letter contained in Annexure-17 was also annexed and, therefore, this writ application is barred by the principles of constructive resjudicata. The letter contained in Annexure-17 was not a 3 subject matter of dispute in the said writ application as it would require an adjudication on the issues different to those which had been raised in the writ application as such, this Court rejects the plea that the writ application is barred by constructive resjudicata. At present, the facts which are relevant for deciding that the N.G.O. had applied for amendment of their bye laws as far back as in the year 1988. The amendment sought by the N.G.O. was that they had felt that it was necessary, to increase the members of the working Committee from 8 to 14 (b) the second amendment is that they wanted to amend their bye-laws by increasing their area of operation, which was to be the entire State of Bihar, which earlier restricted to the district of Rohtas. These amendments were rejected on the ground that the petitioners had not provided the list of documents as required under Sections 4, 4A and 12 of the Societies Registration Act, 1860. The objection raised in Annexure-17 is that the Society did not provide the minutes of the general body meeting by which Governing Body had decided to extend 4 the area of operation. Learned counsel for the petitioners submits that these documents were provided as far back as in the year 1988 and the objection made at this belated stage, after almost 20 years is mala fide and not in accordance with law. If the authorities found that the Society had not filed their application for amendment in proper form or that they had not fulfilled any conditions as required under the law, it would have been proper for them to dispose of the application within a reasonable time. Considering the exceptional delay in disposing of the application, this Court directs that the petitioner should supply a fresh copy of the amendment and also fulfill the requirements under the Act. The petitioner should do so within a period of one month from the receipt of a copy of this order. The Inspector General of Registration, New Secretariat, Bihar, Patna, (respondent no. 2) should dispose of the application in accordance with law by a reasoned order within a period of three months thereafter. While parting with this order, this Court finds that if an N.G.O. is working for 5 the benefit of the Society, there would be no reason to restrict its area of operation. The Inspector General of Registration should also take into account the order of this Court passed in the earlier writ application whereby the Court has found that the present elected members are entitled to perform the functions related to the N.G.O. I may also observe that although a civil suit was filed by the erstwhile Chairman Hari Krishna Thakur, it appears from the pleadings that the suit has been withdrawn by him. As of today, it would appear that in fact there is no dispute between the out going Chairman and the newly elected body. In the result, the order as contained in Annexure-17 dated 9.1.2008 is quashed. This application is allowed with the aforesaid observations and directions. Sanjay (Sheema Ali Khan, J.)