RAJAN SINGH ALIAS RANJAN SINGH v. STATE OF U.P. AND 3 OTHERS
WRIC/24983/2025 · 2025-09-03
Prakash Padia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 79597 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 79597 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 24983 of 2025 Court No. - 33 HON'BLE PRAKASH PADIA, J.
1. The petitioner has preferred present writ petition inter-alia with the prayer to quash the auction notice dated 28.06.2025 issued by the respondent no.3 namely Tehsildar, Tehsil-Fatehabad, District Agra, copy of which is appended as annexure-1 to the writ petition.
2. It is stated in the aforesaid auction notice that since a sum of Rs.15,95,000/- was not paid hence aforesaid auction notice was issued. Thereafter, petitioner has deposited a sum of Rs.2,00,000/-.
3. Sri Manoj Nigam, learned counsel for the respondent no.4 on the basis of instructions stated that as on 31.08.2025, a sum of Rs.17,31,525/- is due against the petitioner.
4. It is argued by counsel for the petitioner that interest imposed upon the petitioner is excessive.
5. At this stage, it is argued by Sri Manoj Nigam, learned counsel for the respondent-bank that in case petitioner is aggrieved against the aforesaid auction notice he has remedy to approach the Arbitrator under Section 70 of the U.P. Cooperative Societies Act, 1965.
6. In view of the aforesaid objection, a prayer has been made by counsel for the petitioner to permit the petitioner to avail the alternative remedy by approaching the Arbitrator as provided under Section 70 of the U.P. Cooperative Societies Act, 1965. It is further argued that till the decision is taken by the Arbitrator, no coercive action be taken against the Versus Counsel for Petitioner(s) : Harish Chandra, Ram Chandra Yadav Counsel for Respondent(s) : C.S.C., Manoj Nigam Rajan Singh Alias Ranjan Singh .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
petitioner.
7. In this view of the matter and also in the interest of justice, present writ petition is disposed of permitting the petitioner to move a proper application as per procedure prescribed under Section 70 of the U.P. Cooperative Societies Act, 1965 before the Arbitrator within two weeks. If it is so the Arbitrator is directed to decide the same within a period of three months in accordance with law.
8. Till the decision is taken in the application submitted by the petitioner before the Arbitrator, no coercive action shall be taken against the petitioner. September 4, 2025 Pramod Tripathi WRIC No. 24983 of 2025 2 (Prakash Padia,J.) Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad