THE GARHWAL SAINIK SAHKARI SAMITI LTD v. SECRETARY DEPARTMENT OF CO OPERATIVE STATE OF UTTARAKHAND
WPMS/611/2025 · 2025-08-20
Manoj Kumar Tiwari
Public Interest Litigationbody2025
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[ 2025 DAILYLAW 2952 (UTT) · dailylaw.ai ]
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[ 2025 DAILYLAW 2952 (UTT) · dailylaw.ai ]
Judgment text
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2025:UHC:7373 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS/611/2025 Hon’ble Manoj Kumar Tiwari, J
1. Mr. Harshit Sanwal, learned counsel for the petitioner.
2. Mr. Narayan Dutt, learned Brief Holder for the State of Uttarakhand.
3. This writ petition is filed by the Garhwal Sainik Sahkari Samiti Ltd, Kotdwar, District Pauri Garhwal, seeking the following reliefs:-
(i) Issue writ, order or direction in the nature of mandamus commanding the respondent to grant approval for the disbursement of the funds as per the resolution dated 25.01.2018 (Annexure No. 2) passed by the General Body of The Garhwal Sainik Co-Operative Society Ltd., Kotdwara, Pauri Garhwal. (ii) Issue an appropriate writ order or direction in the nature of certiorari quashing/setting aside the letter dated 26.06.2020 (Annexure No. 6) issued to the Respondent No. 4. (iii) Issue an appropriate writ, order or direction to unblock/defreeze the fixed deposits account of the Garhwal Sainik Co-operative Society Ltd, Kotdwara held Respondent no. 4 to enable the society to pay its dues to the Income Tax Department/Authorities; (iv)Issue an appropriate writ order or direction towards the disbursement and monitoring of the funds of The Garhwal Sainik Society Ltd, Kotdwara, and direct that the same be done under the jurisdiction of this court and/or any other person/body that this Hon’ble court may deem fit, so as to prevent any pilferage of the funds by unwanted elements and the officials of the Cooperative Department, Uttarakhand.
4. According to petitioner, the Executive Committee of the Samiti took
2025:UHC:7373 a decision to donate certain amount for different purposes and that decision was also ratified by the General Body of the Samiti, however, the Registrar is not granting necessary approval for releasing fund for the aforesaid purpose.
5.
Learned counsel for the petitioner submits that District Assistant Registrar has made recommendation vide letter dated 26.08.2022 to the Registrar in terms of an order passed by this Court, therefore, he submits that direction be issued to Registrar to grant necessary approval.
6. This Court is not inclined to grant the relief as prayed for. It is for the Registrar to decide whether to grant approval or not, and this Court cannot issue any direction to the Registrar to act in a particular manner.
7. The writ petition is, however,
disposed of with liberty to petitioner to approach the Registrar by making a representation. If petitioner makes representation within three weeks from today, the Registrar shall look into the request made by the petitioner and take decision, as per law, within six months thereafter.
(Manoj Kumar Tiwari, J)
20.08.2025 Aswal
NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369 512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C 1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.08.20 06:36:02 -07'00'
2025:UHC:7373