HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9461 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel, who appears on behalf of State-respondents. 2. This petition has been filed with the following prayer :- "I. A writ order or direction in the nature of mandamus commanding opposite party No.2 to take a decision on resolution dated 18.06.2025 passed by the opposite party No.3, contained as Annexure No.6." 3. It is the case of the petitioner that he was appointed as Sachiv (Non- Cadre) at Bahuuddeshiya Primary Agriculture Credit Society (B-PACS), Akbarpur, Block Dariyabad, District Barabanki in the year 2009 and since then he has been working as Sachiv (Non-Cadre). The appointing authority of the Secretary of B-PACS is the Managing Committee of the Society as per the Uttar Pradesh Sahkari Samiti Karamchari Seva Niyamavali, 1975. The Society of the petitioner, i.e., the opposite party No.3, is registered under the U.P. Cooperative Society Act, 1965. 4. Earlier, one Sriram was working as Secretary (Non-Cadre) at Sahkari Sangh, Mathura Nagar, Block Dariyabad, District Barabanki. On inspection carried out by the Assistant Development Officer (Cooperative), Block Dariyabad, certain irregularities were found to have been committed by the earlier Secretary, Sriram and the godown was sealed. 5. This godown, having been sealed in March 2024, resulted in the society being unable to function further. Accordingly, the Managing Committee of the Society, as per Rules 124, 125, 126 and 127 of the U.P. Cooperative Society Rules, 1968, appointed the petitioner as officiating Secretary for a period of six months. The recommendation made by the Versus Counsel for Petitioner(s) : Pawan Kumar Sharma Counsel for Respondent(s) : C.S.C. Varun Kumar Mishra .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Cooperative Lko. And 2 Others .....Respondent(s) opposite party No.3 on 18.04.2024 to provide the charge of Secretary (Non-Cadre) to the petitioner remained unpleaded. 6. On the other hand, opposite party No.2 appointed another person, Diwakar Pandey, as Secretary of the opposite party No.3 by an order dated 11.07.2024. The petitioner thereafter preferred a writ petition, i.e., Writ-A No.5458 of 2024, wherein this Court, by an interim order dated 25.07.2025, stayed the order dated 11.07.2024. 7. It has been submitted that opposite party No.3 again passed a resolution on 13.12.2024, asking the opposite party No.2 to take an appropriate decision with regard to the functioning of the Society and the petitioner as its Secretary (Non-Cadre) and for opening the godown. The petitioner submitted his joining on the basis of such resolution dated 13.12.2024 on 09.05.2025. Again, a resolution has been passed by the Society asking opposite party No.2 to take a decision regarding the opening of the godown, which was sealed in March 2024. No decision has been taken since then. Hence, this petition has been filed. 8. This petition is disposed of with a direction to the opposite party No.2- Assistant Commissioner and Assistant Registrar Cooperative, District Barabanki to look into the grievance raised by the petitioner as well as the resolution of the Society and pass an appropriate, reasoned and speaking order with regard to such resolution of the Society regarding opening of the godown. In case there is some enquiry that has to be instituted, the same may also be instituted regarding irregularities allegedly committed by the erstwhile Secretary and the same be completed as expeditiously as possible. 9. This Court is of the considered opinion that a cooperative society and that too a Primary Agriculture Credit Cooperative Society, cannot be allowed to become dysfunctional only because of inaction on the part of opposite party No.2. October 6, 2025 Shubhankar WRIC No. 9461 of 2025 2 (Amitabh Kumar Rai, J.) (Sangeeta Chandra, J.) Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench