RAM RAJ COOPERATIVE HOUSING SOCIETY LIMITED AND 2 OTHERS v. STATE OF U.P. AND 6 OTHERS
WRIC/9827/2025 · 2025-04-30
Rohit Ranjan Agarwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 26480 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26480 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:68531 Court No. - 9 Case :- WRIT - C No. - 9827 of 2025 Petitioner :- Ram Raj Cooperative Housing Society Limited And 2 Others Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Pratik J. Nagar Counsel for Respondent :- Awadhesh Kumar Malviya,C.S.C.,Ravi Anand Agarwal,Vijay Kant Shukla Hon'ble Rohit Ranjan Agarwal,J.
1. Pursuant to order dated 16.04.2025, instructions have come from Housing Commissioner and Registrar, U.P. Cooperative Housing Society, respondent nos. 3 and 2, which are taken on record.
2. Sri Ravi Anand Agarwal, learned counsel appearing for respondent nos. 2 and 3 states that as per his instructions, there is no liquidator appointed in the society and society is still in working condition. According to him, the Committee is working and he has placed before the Court the Committee of Management as constituted on 17.09.2024.
3. Sri Devansh Misra, Advocate, has put in appearance on behalf of Committee of Management and states that Committee of Management is still carrying out the work of cooperative society.
4. Sri A.K. Malviya, Advocate, has put in appearance on behalf of respondent no. 7.
5. Through this writ petition, a challenge has been laid to order dated 19.08.2008 appointing liquidator in the co-operative society known as Ram Raj Cooperative Housing Society registered under the provisions of U.P. Co-operative Societies Act, 1965 as well as
the order dated 05.01.2024 passed by Joint Secretary (Cooperative) in Appeal No. 11 of 2023.
6. Sri H.R. Mishra, learned Senior Counsel along with Sri J. Nagar, learned Senior Counsel assisted by Pratik J. Nagar, learned counsel for petitioners submits that the matter has been remitted back by appellate Tribunal for deciding the matter as to liquidation of society in question.
7. Once the statement has come from respondent no. 3 i.e. Housing Commissioner that no liquidation proceedings are pending nor any liquidator has been appointed till date, no question arises for appointment of liquidator under Section 72 of the Act.
8. In view of said fact, the orders impugned dated 19.08.2008 and 05.01.2024 are hereby set aside.
9. The writ petition stands allowed.
10. As the Society in question is still working, it is to continue. Order Date :- 1.5.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad