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2025 DAILYLAW 196542 (ALL)

VIDYUT TRANSMISSION KARMCHARI VETANBHOGI RIN SAHKARI SAMITI LTD. THRU.SECY. v. SHRI RAVINDRA NATH MISHRA AND 4 OTHERS

WRIC/11060/2025 · 2025-11-15

Subhash Vidyarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11060 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Avinash Tripathi, the learned counsel for the petitioner, Sri Sanjay Kumar Srivastava, the learned counsel for the opposite party no.1, Dr. Ashutosh Mishra, the learned counsel for the opposite party no.3 and 4, Sri Pankaj Srivastava, the learned Additional Chief Standing Counsel appearing on behalf of the State and perused the records. 2. By means of the instant petition filed under Article 226 of the Constitution of India the petitioner has challenged the validity of an order dated 17.01.2024, passed by the Cooperative Tribunal, U.P. Lucknow in Appeal No.60 of 2023, under Section 99 of U.P. Cooperative Societies Act, 1965 and order dated 15.10.2025, passed by the Tribunal in Review Application No.M-6/2024. 3. The learned counsel for the opposite parties raised an objection that the award of an judicial order passed by ae tribunal can only be challenged by a petition filed under Article 227 of the Constitution of India and the instant petition filed under Article 226 of the Constitution of India is not maintainable. 4. Dr. Ashutosh Mishra, the learned counsel has raised an objection that the opposite parties no.3 and 4 were not parties to Versus Counsel for Petitioner(s) : Avinash Tripathi, Kaushalendra K. Tripathi Counsel for Respondent(s) : Anjani Nath Khare, C.S.C., Dr. Ashutosh Mishra, Himanshu Kumar Bachhil Vidyut Transmission Karmchari Vetanbhogi Rin Sahkari Samiti Ltd. Thru.Secy. .....Petitioner(s) Shri Ravindra Nath Mishra And 4 Others .....Respondent(s) the proceedings from which this petition arises and therefore they have been wrongly impleaded. 5. Confronted with the aforesaid objection, the learned counsel for the petitioner states that he does not want to press the petition and he seeks liberty to file a fresh petition under the appropriate provision. 6. Accordingly, the instant petition is dismissed as not pressed with the aforesaid liberty. 7. As the private opposite parties had filed a caveat and they have put in appearance in furtherance thereof, it is directed that in case the petitioner files a fresh petition he will serve its advance copy on the learned counsel present today. 8. Let the certified copy of the judgement annexed with the petition be returned to the learned counsel for the petitioner after retaining its photocopy on record. November 15, 2025 Ram. WRIC No. 11060 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench