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2025 DAILYLAW 115234 (ALL)

MATSYA JIVI SAHKARI SAMITI LTD. CHAHALAWA BAHRAICH THRU. SECY. SURYKANT NISHAD v. STATE OF U.P. THRU. PRIN. SECY. FOREST LKO. AND 4 OTHERS

WRIC/208/2025 · 2025-01-23

Manish Kumar, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:4649-DB Court No. - 2 Case :- WRIT - C No. - 208 of 2025 Petitioner :- Matsya Jivi Sahkari Samiti Ltd. Chahalawa Bahraich Thru. Secy. Surykant Nishad Respondent :- State Of U.P. Thru. Prin. Secy. Forest Lko. And 4 Others Counsel for Petitioner :- Bhup Chandra Singh,Saurabh Upadhyay Counsel for Respondent :- C.S.C.,A.S.G.I. Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J. 1. Instruction dated 17.01.2025 is taken on record. 2. Learned Standing Counsel informed the Court, on the basis of instructions and in pursuance to the earlier orders that infact Ram Sajan, who had filed the earlier writ petition on behalf of the Society had never joined as President, although, Suryakant Nishad has been authorised to seek remedy against the impugned auction in the earlier writ petition (Writ C No. 4198 of 2024) and on being pointed out that the auction in question had already been challenged by the same Society albeit Ram Sajan, therefore, if Shri Ram Sajan withdrew the earlier writ petition on 11.11.2024, wherein an interim order was operating in favour of the petitioner, illegally, then the remedy would be to seek a review or recall of the earlier order dated 11.11.2024, rather than to file a separate writ petition as has been done. Learned counsel for petitioner fairly submitted that he may be allowed to withdraw the present writ petition with liberty to seek appropriate remedy as aforesaid. 3. Accordingly, the petition is dismissed as withdrawn with the aforesaid liberty as far as it may be permissible in law. Order Date :- 23.1.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench