Petitioner aggrieved by non-allotment of flat filed writ petition. Court identified efficacious alternative remedy via arbitration under the Act and disposed of the writ.
The writ petition stands disposed of.
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Court No. - 40
Case :- WRIT - C No. - 20155 of 2022
Petitioner :- Anil Chaudhary Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Satyendra Kumar Gupta Counsel for Respondent :- CSC,Pankaj Kumar Shukla
Hon'ble Siddhartha Varma,J. Hon'ble Vikas Budhwar,J.
The petitioner who is member of the Vinayak Sahkari Avas Samiti, respondent no.3 is aggrieved by the fact that despite the deposit of the money, the flat is not being allotted to him.
Learned counsel appearing for the respondent no.3 however submits that the petitioner has an efficacious alternative remedy by approaching the arbitrator under Section 70 of the U.P. Cooperative Societies Act, 1965.
In this regard, we do find that the petitioner along with certain other members of the society has approached the U.P. Cooperative Societies, through its Registrar/Commissioner, Lucknow, respondent no.2 for getting the dispute decided by taking recourse to arbitration.
Under such circumstances, the Court is of the view that the matter can be resolved by means of arbitration. If the petitioner in any manner is aggrieved by the acts of the respondent no.3 and requires some immediate interim relief he can also move an application for providing interim relief before the arbitrator himself.
With these observations, the writ petition stands disposed of .
Order Date :- 7.9.2022 piyush
(Vikas Budhwar,J.) (Siddhartha Varma,J.)
Digitally signed by PIYUSH KUMAR Date: 2022.09.09 09:53:02 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the petitioner can approach the Court for allotment of flat when arbitral remedy exists under Section 70 of the U.P. Cooperative Societies Act.
1 provisions across 1 enactments
Anil Chaudhary
State Of U.P.
Registrar/Commissioner, Lucknow
Vinayak Sahkari Avas Samiti
Siddhartha Varma
Vikas Budhwar
As recorded by the court registry
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