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2025 DAILYLAW 195730 (ALL)

SYED KAUSAR MEHADI AND 6 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF COOPERATIVE LKO. AND 3 OTHERS

WRIC/9437/2025 · 2025-10-06

Amitabh Kumar Rai, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9437 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioners, learned Standing Counsel for the State Respondents and Sri Akhilesh Kumar Srivastava, Advocate who has filed his vakalatnama on behalf of the opposite parties no.3 & 4, which is taken on record. 2. This writ petition has been filed with the following main prayers:- "i) issue a writ, order or direction in the nature of certiorari to quash the impugned communication dated 02.08.2025 & 14.07.2025 issued by Deputy Registrar cum Deputy Commissioner (Cooperative), Lucknow under Section 68(2) of the Uttar Pradesh Cooperative Societies Act, 1965; as contained in Annexure Nos. 1 & 2 respectively; in so far as it pertains to compelling the petitioners to face the proceedings of 'surcharge' U/s 68(2) of the Act of 1965. ii) issue a writ, order or direction in the nature of certiorari to quash the proceedings of 'Surcharge' initiated against the petitioners by way of impugned communication / notices dated 02.08.2025 & 14.07.2025 issued by the Deputy Registrar cum Deputy Commissioner (Cooperative), Lucknow under Section 68(2) of the Uttar Pradesh Cooperative Societies Act, 1965. iii) issue a writ, order or direction in the nature of mandamus restraining Versus Counsel for Petitioner(s) : Shishir Chandra Counsel for Respondent(s) : C.S.C., Shireesh Kumar Syed Kausar Mehadi And 6 Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Cooperative Lko. And 3 Others .....Respondent(s) the respondent Nos. from proceeding further against the petitioners in the matter of surcharge proceedings consequent to impugned communication / notices dated 02.08.2025 & 14.07.2025." 3. After arguing for sometime, learned counsel for the petitioner says that he may be permitted to withdraw this writ petition with liberty to file a fresh petition in case a fresh cause of action arises. 4. Accordingly, the writ petition is dismissed as withdrawn with liberty as aforesaid. October 6, 2025 Darpan Sharma WRIC No. 9437 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench