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2025 DAILYLAW 167473 (ALL)

PARVANA SAHKARI SAMITI LIMITED THRU. PRESIDENT RS UPADHYAY v. THE CHAIRMAN,U.P. SAHKARI AWAS SANGH LIMITED LKO. AND 3 OTHERS

WRIC/9625/2025 · 2025-09-26

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9625 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for respondent no. 3 and Shri Rakesh Kumar Chaudhary, learned counsel for respondent nos.1, 2 and 4. 2. This writ petition has been filed with the following two main prayers:- "(1) Issue a writ certiorari to quash the order of cancellation of society dated 14-09- 2005 annexed as Annexure No. A-1 with the writ petition ; (ii) Issue a writ, order or direction in the nature of 'Mandamus' directing opposite- parties to refund the entire amount with interest." 3. Preliminary objection has been raised by Shri Rakesh Kumar Chaudhary, learned counsel for respondent no. 4 that this writ petition for the prayers made therein is not maintainable. The registration of the Society in question was cancelled way back in the year 2005. The petitioner's Society has come without indicating as to how for the past 20 years, the Society has been functioning as the registration was cancelled 20 years ago. It has also been stated that the petitioner's Society has not held any elections. It ought to have been held as per the bye-laws, every five years. Had such election been held, the necessary pleadings in the writ petition would have mentioned such elections which have been held. Since it is the case of the petitioner that he has been informed only recently of cancellation of the registration in 2005. It is presumed that the petitioner's Society was not functioning for the last 20 years. 4. Having gone through the pleadings on record, we find no explanation at all Versus Counsel for Petitioner(s) : Ved Prakash Pandey, Kamal Kumar Singh Counsel for Respondent(s) : C.S.C., Rakesh Kumar Chaudhary Parvana Sahkari Samiti Limited Thru. President Rs Upadhyay .....Petitioner(s) The Chairman,U.P. Sahkari Awas Sangh Limited Lko. And 3 Others .....Respondent(s) for the delay except for the fact that of not being served notice. It is not clear whether the Society has functioned at all for the past 20 years, we find no good ground to interfere in the matter. 5. The writ petition is dismissed. September 26, 2025 Pks WRIC No. 9625 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench