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2025 DAILYLAW 98970 (ALL)

RAJENDRA SINGH v. STATE OF U.P. AND 2 OTHERS

WRIC/33067/2025 · 2025-09-18

Amitabh Kumar Rai, Saral Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33067 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. By means of the present writ petition, the petitioner has prayed for the following reliefs:- (i) Issue a writ, order or direction in the nature of mandamus commanding/ directing the respondents to decide the claim of the petitioner with respect to his outstand payment in the light of the inquiry report dated 28.01.2024. (ii) Issue a writ, order or direction in the nature of mandamus commanding/directing the respondent no.2 to decide the representation dated 30.06.2025 submitted by the petitioner with respect to his outstanding payment. 3. The petitioner has earlier approached this Court by filing Writ-C No. 3955 of 2023 in which this Court passed the follow order :- "Heard learned Counsel for the parties. Petitioner claims to be a registered Government contractor with Food and Civil Supply Department. Petitioner is also a member of co-operative federation. By the instant writ petition, petitioner seeks outstanding dues admissible at Rs.15,76,850/- from the federation. Learned Counsel appearing for the respondent - federation, at the outset points out that petitioner has a remedy under Section 17 of the U.P. Co-operative Federation Act, 1965 by raising his dispute with regard to the dues/claim. Learned Counsel for the petitioner does not dispute the provision. In view thereof, writ petition is disposed of as withdrawn, with liberty to the petitioner to take remedy, in accordance with law, before the appropriate forum, if so advised." Versus Counsel for Petitioner(s) : Abhishek Kumar Singh, Mohd. Saleem Khan Counsel for Respondent(s) : Hridaya Narayan Mishra, C.S.C. Rajendra Singh .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) 4. From a perusal of the aforesaid order, it is evident that an objection was raised by the learned counsel for the respondent-federation regarding the maintainability of the writ petition, pointing out that the petitioner has a statutory remedy under Section 70(1) of the U.P. Co-operative Federation Act, 1965 by raising his dispute with regard to the dues/claim. 5. The said fact was not disputed by the learned counsel for the petitioner. 6. In such view of the fact, Since the petitioner has already approached this Court by filing Writ-C No. 3955 of 2023 and was granted liberty to approach the appropriate forum, the present writ petition is dismissed, with liberty to the petitioner to avail appropriate remedy available under law. September 19, 2025 Gaurav WRIC No. 33067 of 2025 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- GAURAV PATEL High Court of Judicature at Allahabad