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2025 DAILYLAW 91696 (ALL)

RAM RAJ COOPERATIVE HOUSING SOCIETY LIMITED v. STATE OF U.P. AND 4 OTHERS

WRIC/30678/2025 · 2025-09-10

Amitabh Kumar Rai, Saral Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 30678 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for respondent nos.1 & 5 and Sri Ravi Anand Agarwal, learned counsel for respondent nos. 2, 3 & 4. 2. The petitioner by means of the present writ petition has prayed for the following relief:- "(i) issue writ, order or direction in the nature of Certiorari quashing the impugned order dated 11.08.2025 passed by the Additional Housing Commissioner/Additional Registrar, Uttar Pradesh Avas Evam Vikas Parishad (Cooperatives), Lucknow-Respondent No.4. (ii) issue writ, order or direction in the nature of Mandamus commanding the respondent authorities not to take any coercive measures against the petitioner pursuant to the order dated 11.08.2025 passed by the Additional Housing Commissioner/Additional Registrar, Uttar Pradesh Avas Evam Vikas Parishad (Cooperatives), Lucknow-Respondent No.4. (iii) issue any other suitable writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case; and (iv) award the costs of the petition to the petitioner." 3. It is contended by the learned counsel for the petitioner that the inquiry initiated against the petitioner's Committee of Management is without jurisdiction inasmuch as such an inquiry can only be initiated on the complaint of the member of the Society under Section 65 of the U.P. Versus Counsel for Petitioner(s) : Devansh Misra, Yagyadhar Tripathi Counsel for Respondent(s) : C.S.C., Ravi Anand Agarwal Ram Raj Cooperative Housing Society Limited .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) Cooperative Societies Act, 1965. He further contends that the order of the respondent no.4 putting embargo on the Committee of Management not to induct a new member is also without jurisdiction inasmuch as respondent no.4 is conferred only with the power to expel or remove any member of the Society under Section 27 of the U.P. Cooperative Societies Act, 1965. Further, power which is vested with the respondent no.4 is under Section 128 of the U.P. Cooperative Societies Act under which he can annul the resolution of the Committee of Management. He submits that the inquiry initiated against the petitioner's Committee of Management is without jurisdiction, and in such view of the fact, the petitioner may be permitted to raise all these objections before the respondent no.4, and the respondent no.4 may be directed to consider the objection of the petitioner with regard to the jurisdiction in the light of the aforesaid provision. 4. Learned counsel for the respondents would contend that no useful purpose would be served in keeping the writ petition pending and appropriate direction may be issued to the respondent no.4 as it is the respondent no.4 who has to complete the inquiry. 5. In view of the aforesaid, the writ petition is disposed off permitting the petitioner to submit a fresh detailed representation ventilating all his grievances including the question of jurisdiction to initiate such proceeding before the respondent no.4-Additional Housing Commissioner/Additional Registrar (Cooperative), Uttar Pradesh Avas Evam Vikas Parishad, Lucknow along with a certified copy of this order within a period of one month from today. The respondent no.4 is directed to conclude the inquiry against the petitioner within one month thereafter after giving due notice and opportunity of hearing to the petitioner. September 11, 2025 NS WRIC No. 30678 of 2025 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad