Neutral Citation No. - 2025:AHC:34623-DB Court No. - 29 Case :- SPECIAL APPEAL No. - 93 of 2025 Appellant :- Upbhokta Sanrakshan Evam Avas Vikas Samiti And Another Respondent :- State Of Uttar Pradesh And 4 Others Counsel for Appellant :- Ajay Kumar Singh,Ashish Kumar Singh Counsel for Respondent :- C.S.C.,Himanshu Srivastava,Madan Lal Srivastava,Shashi Kant Dwivedi,Sunil Pratap Singh Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. This appeal is directed against the order passed by the learned Single Judge dated 16.1.2025 holding that no cause of action survives in the writ petition and consequently, the petition has been dismissed as infructuous. Perusal of the record would indicate that an order passed by the prescribed authority dated 10.5.2013 was challenged in the writ petition before the learned Single Judge. This order of the prescribed authority arose out of two rival set of elections of the year 2011. The prescribed authority accepted the claim of the respondents after rejecting the petitioner's claim on the ground that they are members of another society which is other than the society in question. The order of the prescribed authority was primarily challenged on the ground that though the name of the society as per the by-laws is Upbhokta Sanrakshan Evam Avas Vikas Samiti, Hajipur but clause 5.2 also provided that Upbhokta Sanrakshan Evam Avas Vikas Samiti, Hajipur, Moradabad, Uttar Pradesh will also be known as Daak-Taar Enclave Avas Vikas Samiti. It is submitted that for this reason the writ petition was entertained and an interim order was passed. Learned counsel for the appellant submits that though subsequent elections have been held but because of the interim protection granted in the writ petition the petitioner continues to manage the affairs of the society. Learned counsel, therefore, submits that the writ petition survives and require adjudication on merits. Sri Shashi Nandan, learned Senior counsel for the respondents opposes the writ petition on the ground that on a previous occasion it was the petitioner-appellant who had submitted that on account of subsequent holding of elections the petition has lost its efficacy. The order passed by the learned Single Judge on 11.12.2023 is relied upon. Be that as it may, from the materials placed on record we find that the legality of the order passed by the prescribed authority would require determination, inasmuch as its outcome is likely to influence the validity of the subsequent elections also. In such circumstances, it cannot be said that the writ petition is rendered infructuous. Even otherwise the interim order was continuing and the petitioner apparently was in control. Once that be so, the order passed by the learned Single Judge holding the writ to have become infructuous requires interference. The special appeal is allowed. Order dated 16.1.2025 is set aside. We request learned Single Judge to consider the pleas raised in the writ petition on merits, at His Lordship's earliest convenience. Order Date :- 10.3.2025 RA Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad