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2025 DAILYLAW 12404 (UTT)

PRAHLAD SINGH v. STATE OF UTTARAKHAND

WPMS/2943/2025 · 2025-10-17

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:9374 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/2943/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Navneet Kaushik, Advocate for the petitioner. 2. Mr. Suyash Pant, Standing Counsel for the State of Uttarakhand. 3. Petitioner is member of Bahuuddeshiya Jhabrera Kisan Sewa Sahkari Smiti Ltd. According to him, the Administrator of the Society has decided to demolish the existing office of the Society and construct 110 shops in its place. 4. Petitioner has challenged the said proposal by filing this writ petition. 5. Learned State Counsel submits that the office building of the Society was very old and dilapidated and the decision to construct 110 shops was taken to augment the income of the Society so that it may be able to meet its expenses. He further submits that petitioner does not have any locus standi and merely because he was ex-Chairman of the District Cooperative Bank, will not entitle 2025:UHC:9374 him to challenge the decision taken by the Society to construct shops. 6. This Court finds substance in the submission made by learned State Counsel. The decision to construct shops appears to have been taken to augment the income of the Cooperative Society. Thus, it cannot be said to be against public interest. The Society is an autonomous body; therefore, it can take its own decision. The commercial viability of the proposed project cannot be gone in a writ petition. 7. Thus, the writ petition fails and is dismissed. (Manoj Kumar Tiwari, J.) 17.10.2025 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f4 87df006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819 DA875643AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.10.17 17:12:43 +05'30'