KAPIL TOMAR v. BAHU UDDESHIYA PRATHMIK GRAMIN SAHKARI SAMITI AND 6 OTHERS
WRIA/702/2025 · 2025-01-21
Ajay Bhanot
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 8636 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8636 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:10509 Court No. - 5 Case :- WRIT - A No. - 702 of 2025 Petitioner :- Kapil Tomar Respondent :- Bahu Uddeshiya Prathmik Gramin Sahkari Samiti And 6 Others Counsel for Petitioner :- Anjali,Pramod Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Ajay Bhanot,J. Heard Mrs. Anjali Singh, learned counsel for the petitioner, Shri Mahesh Narain Mishra, learned counsel for the respondents No. 1 & 2 and learned Standing Counsel for the respondents No. 3 to 6. Shri Mahesh Narain Mishra, learned counsel for the respondents No. 1 & 2 submits that the order impugned is appealable under Section 98 (2) (B) of the U.P. Cooperative Societies Act, 1965. Faced with this learned counsel for the petitioner submits that the petitioner does not press the prayer sought in the writ petition. She recasts his relief. The petitioner will avail the alternative remedy. The only prayer made is that the appeal may be decided on merits within a reasonable period of time. The petitioner has instituted this writ petition on bonafide legal advice. Hence the appeal should not be treated as time barred.
The appeal is to be decided with following directions:- 1) The appeal shall be filed within a period of one month. 2) In case it is filed within the said period along with a copy of this order, the appeal shall be decided on merits without going into the issue of delay. The writ petition is disposed of with the aforesaid directions. Order Date :- 22.1.2025 Vandit Digitally signed by :- VANDIT AGRAWAL High Court of Judicature at Allahabad