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2025 DAILYLAW 138256 (ALL)

BAHU UDDESHIYA PRATHMIK GRAMIN SAHKARI SAMITI THRU. CHAIRMAN MITHILESH AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. /PRIN. SECY. COOPERATIVE U.P. LKO. AND 6 OTHERS

WRIC/4302/2025 · 2025-05-15

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:28370-DB Court No. - 2 Case :- WRIT - C No. - 4302 of 2025 Petitioner :- Bahu Uddeshiya Prathmik Gramin Sahkari Samiti Thru. Chairman Mithilesh And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy. /Prin. Secy. Cooperative U.P. Lko. And 6 Others Counsel for Petitioner :- Piyush Mishra Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1. Vakalatnama filed today by Shri Shubham Singh, Advocate on behalf of opposite party No.7 is taken on record. 2. Heard. 3. By means of this petition, the cooperative society has challenged an order dated 24.04.2025 passed by Joint Commissioner and Joint Registrar, Cooperative, Lucknow Division, Lucknow by which operation of the bank account of the petitioner society in the District Cooperative Bank Limited, Lakhimpur Kheri has been ordered to be done by the Branch Manager and the Secretary of the Society. It is said that the petitioner was not given any notice prior to passing of the said order. 4. On being confronted as to the provision under which the said order has been passed, Shri Bhatt, learned Additional Chief Standing Counsel for the State says that proceedings under Section 128 of the U.P. Co-operative Societies Act, 1965 are pending and during its pendency this order has been passed, however, he could not deny the fact that no notice was given to the petitioner. 5. The petitioner's case is that the opposite party No.7 has been removed from service. Counsel for the opposite party No.7 admits to receiving the said order of removal in the year 2023 itself, however, he is unable to inform the Court as to whether the opposite party No.7 had challenged the said order. 6. Be that as it may, without expressing any opinion on the aforesaid matter, let the petitioner submit a representation to the opposite party No.3 against the impugned order, which shall be considered and the order impugned shall be revisited by the opposite party No.3 as it has been passed without hearing the petitioner and a fresh decision shall be taken in the matter. If the opposite party No.7 or any other person is required to be heard, it shall be open for the opposite party No.3 to hear the same. A fresh decision shall be taken as aforesaid within six weeks of submission of a representation by the petitioner as aforesaid. The representation shall be submitted by the petitioner within a period of one week. 7. Till fresh decision is taken as aforesaid, the impugned order shall remain in abeyance, however, it shall abide by the fresh order. 8. With the aforesaid observations/directions, the writ petition is disposed of. (Om Prakash Shukla, J.) (Rajan Roy, J.) Order Date :- 15.5.2025 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench