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2025 DAILYLAW 130499 (ALL)

SANTOSH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF FISHERIES AND 5 OTHERS

WRIC/2953/2025 · 2025-04-15

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21129-DB Court No. - 2 Case :- WRIT - C No. - 2953 of 2025 Petitioner :- Santosh Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Fisheries And 5 Others Counsel for Petitioner :- Ajay Kumar Tripathi,Vijay Kumar Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Impleadment application filed today on behalf for the petitioner is taken on record. Heard Shri Ajay Kumar Tripathi, learned counsel for the petitioner/applicant and learned Additional Chief Standing Counsel for the State. The petitioners have filed aforesaid application seeking deletion name of opposite party no. 6 and impleadment of Co-operative Society as petitioner no. 2. We have perused our order dated 12.03.2025. The application is not opposed by the learned Additional Chief Standing counsel. The application is allowed. Let necessary impleadment be carried out during course of the day. Order on Writ Petition The petitioner has, inter alia, challenged an order dated 18.12.2024 which is referable to the proviso to Section 128 of the U.P. Co-operative Society Act, 1965. No order has been passed as yet under Section 128 of the Act, 1965. The petitioner claims to have responded to the said notice vide reply dated 28.12.2024 contained in Annexure No. 8 to the writ petition. If no final decision has been taken by the Registrar of the Society as yet and he proposes to take a decision under Section 128 of the Act, 1965, then, he should do so at the earliest, say, within a period of 15 days unless there is any legal impediment in which case he shall inform the petitioner. While taking a decision the plea raised by the petitioner in his defence shall be considered. Thereafter, if the petitioner is still aggrieved by any such order, then, the petitioner may avail the remedies prescribed under the Act, 1965. With the aforesaid observations/directions, the writ petition is disposed of. . (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 15.4.2025 R.K.P. Digitally signed by :- RAJ KUMAR PATEL High Court of Judicature at Allahabad, Lucknow Bench