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2025 DAILYLAW 135904 (ALL)

SURENDRA NATH TRIPATHI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. COOPERATIVE SOCIETIES U.P. LKO. AND 3 OTHERS

WRIA/4412/2025 · 2025-04-23

Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:22975 Court No. - 3 Case :- WRIT - A No. - 4412 of 2025 Petitioner :- Surendra Nath Tripathi Respondent :- State Of U.P. Thru. Addl. Chief Secy. Cooperative Societies U.P. Lko. And 3 Others Counsel for Petitioner :- Vijai Bahadur Verma Counsel for Respondent :- C.S.C. Hon'ble Rajesh Singh Chauhan,J. Heard Sri Vijai Bahadur Verma, learned counsel for the petitioner and Dr. Uday Veer Singh, learned Additional Chief Standing Counsel for the opposite party nos. 1 and 2. In view of the order proposed to be passed, notice to the opposite party nos. 3 and 4 is hereby dispensed with. By means of the instant petition, the petitioner has prayed the following relief:- "i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 25.03.2025 passed by the respondent no.2 contained in Annexure No. 5 to the writ petition. (ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 2 to consider the resolution of Committee of Management of the Society dated 27.03.2025 contained in Annexure no. 6 to this writ petition and allow the petitioner to discharge the work/business of the society of respondent no.3 till appointment of regular cadre secretary" Dr. Uday Veer Singh has shown the copy of the instruction dated 22.04.2025 provided by Assistant Commissioner and Assistant Registrar, Cooperative, Ayodhya enclosing therewith other documents and the same is taken on record. As per the aforesaid instruction, vide item no. 5, it has been indicated that the election of committee of management in question completed on 19.03.2023 and one Smt. Sharda Singh has been elected as Chairman of the managing committee, since then she has been serving as Chairman of the the managing committee. The resolution which has been enclosed with the writ petition as annexure no. 6 does not find any signature of Smt. Sharda Singh, Chairman of the managing committee, rather one another person has signed as the signature of the society in question, therefore, Sri Uday Veer Singh has stated that on the basis of the aforesaid resolution, the prayer in the writ petition may not be granted. Besides, in the paragraph 6 of the aforesaid instruction, the dated of birth of the petitioner has been indicated as 15.09.1961 in the official record but he has served till 25.03.2025, whereas, he should have retired on 30.09.2023. On being asked, the petitioner could not provide the copy of the High School certificate etc. to verify his age, therefore, the prayers in the writ petition may not be granted. Having considered the submission of the learned counsel for the parties and the instructions so provided by Dr. Uday Veer Singh, I find that the present writ petition is liable to be dismissed in limine. Accordingly, the writ petition is dismissed. No order as to cost. Order Date :- 23.4.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench