Dismissed

Dhruv Kumar Sharma v. State of U.P. and 2 Others

Allahabad HC1 Oct 2018WRIA/20847/2018

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition challenging a committee resolution. The court held the petition was not maintainable and directed the petitioner to file a representation under Section 128 of the U.P. Cooperative Societies Act, 1965 within four weeks.

What did the court decide?

The petitioner was directed to file a representation under Section 128 of the U.P. Cooperative Societies Act, 1965 within four weeks.

Dhruv Kumar Sharma Vs State of U.P. and 2 Others — Cooperative Societies | Allahabad HC (2018)

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Court No. - 16

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Case :- WRIT - A No. - 20847 of 2018

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Petitioner :- Dhruv Kumar Sharma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sujit Kumar Rai Counsel for Respondent :- C.S.C.

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Hon'ble Ajay Bhanot,J.

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The petitioner has challenged the resolution dated 1.6.2018 passed by the respondent no.3, Committee of Management, Bhadeg Kanja Sadhan Sahkari Samiti Ltd., District Pilibhit.

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Sri Mahesh Narain Mishra, learned counsel for the respondent no.3 by way of a preliminary objection submits that the instant writ petition is not maintainable against a resolution passed by the Committee of Management. Secondly the petitioner has alternative and efficacious remedy of filing a representation under Section 128 of the U.P. Cooperative Societies Act, 1965.

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Sri Sujit Kumar Rai, learned counsel for the petitioner does not dispute the aforesaid proposition. He does not press the reliefs prayed for in the instant writ petition at this stage. He submits that the petitioner may be permitted to approach the competent authority under the U.P. Cooperative Societies Act, 1965.

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No useful purpose would be served by keeping this writ petition pending in this court. With the consent of learned counsel for the parties the matter is being disposed of finally at the admission stage.

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It is open to the petitioner to file a representation against the resolution passed by the Committee of Management on

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1.6.2018 within a period of four weeks. In case such representation is filed within the period stipulated above, the Registrar/Joint Registrar, Cooperative Societies, Govt. of U. P., shall decide the representation within a further period of three months from the date of receipt of representation along-with certified copy of this order.

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It is clarified that in case representation is not filed within the aforesaid period, the direction to decide the representation shall stand recalled.

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The writ petition is disposed of finally with the aforesaid directions.

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Order Date :- 1.10.2018 Pramod

Dhruv Kumar Sharma v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Dhruv Kumar Sharma v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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