IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3048 of 2006 1. RAJENDRA KAMAL (EX-VICE PRESIDENT, BAPTIST CHURCH TRUST ASSOCIATION), S/O- LATE CHATURBHUJ SINGH, RESIDENT OF MOHALLA BAPTIST CHURCH COMPOUND, BAKARGANJ, P.S.- PIRBAHORE DISTRICT- PATNA. 2. HENRY HARUN (SECRETARY, BAPTIST UNION CHURCH, BAKARGAN, PATNA), S/O- LATE HARUN, RESIDENT OF MOHALLA- BHADRA GHAT, P.S.- ALAMGANJ, DISTRICT- PATNA. 3. VIJAY LAL (DECON, BAPTIST UNION CHURCH, BAKARGANJ, PATNA), S/O- LATE DULAR CHAND LAL, RESIDENT OF MOHALLA BAPTIST CHURCH COMPOUND BAKARGANJ, P.S.- PIRBAHORE, DISTRICT- PATNA :---PETITIONERS. Versus 1. THE UNION OF INDIA THROUGH SECRETARY MINISTER OF COMPANIES AFFAIRS, SOUTH BLOCK NEW DELHI. 2. STATE OF BIHAR, THROUGH CHIEF SECRETARY, GOVT. OF BIHAR, PATNA. 3. REGIONAL DIRECTOR, MINISTRY OF COMPANY AFFAIR, GOVT. OF INDIA, EASTERN REGION, NIZAM PALACE, 2ND M.S.O. BUILDING 3RD FLOOR 234/4, ACHARYA, J.C. BOSE ROAD, KOLKATTA-20. 4. JOINT DIRECTOR (LEGAL), GOVT. OF INDIA, MINISTRY OF COMPANIES AFFAIR, GOVT. OF INDIA, EASTERN REGION, NIZAM PALACE 2ND M.S.O. BUILDING 3RD FLOOR 234/4, ACHARYA, J.C.BOSE ROAD, KOLKATTA-20. 5. BAPTIST CHURCH TRUST ASSOCIATION A COMPANY REGISTERED UNDER THE COMPANIES ACT HAVING HAVING ITS OFFICE AT 44 AJC BOSE ROAD KOLKATA-A, THROUGH ITS SECRETARIAT, FRANKLIN JOHN QUARAISI, KOLKATTA-17. 6. BAPTIST CHURCH TRUST ASSOCIATION HAVING ITS DELHI AND REGISTERED OFFICE B-19, RAJ NIWAS MARG, CIVIL LINES, DELHI THROUGH ITS SECRETARY SRI FRANKLIN JOHN QURAISHI. 7. BAPTIST MISSIONARY SOCIETY, U.K. THROUGH ITS INDIA’S MANAGER FRANKLIN JOHN QUARAISHI 19E RAJ NIWASH MARG, CIVIL LINE, DELHI :--RESPONDENTS. ----------- For the petitioners : Mr. Yogesh Chandra Verma, Senior Advocate. For the Union of India : Mr. Arun Kumar Arun (C.G.C.) For the State of Bihar : Mr. S.B.N.Singh, A.C. to G.P.-VI. ======= 3. 22.02.2011. Heard learned counsel for the petitioners, Union of India and the counsel for the State. 2. Petitioners are ex-office-bearer of Baptist Church Trust Association. They have filed this writ petition asserting that non-Baptist who are not qualified to be the members of the Baptist Church Trust - 2 - Association are intermeddling with the properties of the Baptist Church Trust Association. In this connection learned counsel for the petitioners has invited my attention to the orders of the Hon’ble Supreme Court dated 10.07.1988 passed in Civil Appeal No. 1898 of 1987, Annexure-2. He has also invited my attention to the show-cause notice dated 14.08.2002 issued by the Deputy Director (Inspection) of the Department of Company Affairs of the Government of India, Annexure-3, copy whereof was also served on the petitioners for information. Later, petitioner submitted a representation to the Regional Registrar (ER) of the Department of Company Affairs. When no action was taken on the said representation, he again submitted reminder which is dated 13th May, 2005 and is contained in Annexure-6 to this application. Under order dated 20/24-05-2005 the Joint Director (Legal) has informed Petitioner No.1 that before considering his grievance that non-Baptist are interfering with the property of the Trust, the matter is required to be verified from the Trust. It is submitted on behalf of the petitioners that till date the verification sought to be made under letter dated 20/24-05-2005 has not been made and petitioners have invited the attention of the Joint Director (Legal) about lack of verification of the Trust property and sale thereof by non-Baptist to the Joint Director (Legal) under his letter dated 3rd June, 2005 which is contained in Annexure-8 to this application. - 3 - 3. Inspite of the fact that this matter has remained pending in this Court for more than four years, the authorities of the Union of India including the Joint Director (Legal) of the Ministry of Company Affairs has not chosen to file any counter affidavit nor has passed any order on the request of the petitioner contained in his letter dated 03.06.2005, Annexure-8. 4. Having heard counsel for the petitioners, Union of India and the counsel for the State of Bihar, I direct the Joint Director (Legal) to enquire into the contention raised by the petitioner in his earlier representation as also the present representation dated 3rd June, 2005 that the properties of the Baptist Church Trust Association is being intermeddled and sold by non- Baptist who are not even competent to be the members of the Association and if such allegation raised by the petitioners is found correct, steps be taken by the competent authority to redeem the property of the Trust Association, as early as possible, in any case within a period of three months from the date of receipt/production of a copy of this order before the Joint Director (Legal). 5. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)