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2025 DAILYLAW 91073 (ALL)

RAJIV KUMAR AGARWAL AND 2 OTHERS v. STATE OF U.P. AND 3 OTHERS

WRIC/30984/2025 · 2025-09-21

Amitabh Kumar Rai, Saral Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 30984 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioners, Shri Awadhesh Narain Dubey, learned counsel appearing for respondent No. 2, and learned Standing Counsel for the State-respondents. 2. The petitioners, by means of the present writ petition, have prayed for the following relief: "1. To issue a writ, order or direction in the nature of mandamus directing respondent No. 3, Meerut Sahkari Awas Samiti Limited, Saket, Meerut, to return the fixed deposit receipts pledged with respondent No. 3 along with interest." 3. This writ petition has been filed under Section 70 of the U.P. Cooperative Societies Act, 1965. Since the petitioners have an efficacious alternative statutory remedy available under Section 70 of the aforesaid Act, and respondents No. 3 and 4 do not fall within the definition of ‘State’ under Article 12 of the Constitution of India, the present petition under Article 226 of the Constitution of India is not Versus Counsel for Petitioner(s) : Shivangi Rai, Sujeet Kumar Rai Counsel for Respondent(s) : Avadhesh Narayan Dubey, C.S.C., Shiv Prakash Gupta Rajiv Kumar Agarwal And 2 Others .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) maintainable. 4. Accordingly, the writ petition is dismissed on the ground of availability of alternative remedy. The petitioners are at liberty to avail the remedy of arbitration as provided under Section 70 of the U.P. Cooperative Societies Act, 1965. September 22, 2025 Sumaira WRIC No. 30984 of 2025 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- SUMAIRA AQUIL High Court of Judicature at Allahabad Digitally signed by :- SUMAIRA AQUIL High Court of Judicature at Allahabad Digitally signed by :- SUMAIRA AQUIL High Court of Judicature at Allahabad Digitally signed by :- SUMAIRA AQUIL High Court of Judicature at Allahabad Digitally signed by :- SUMAIRA AQUIL High Court of Judicature at Allahabad