Bijendra Singh Vs State of U.P. and 6 Others — Allahabad HC (2023) — LawSathi Research

Bijendra Singh Vs State of U.P. and 6 Others — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

No mandamus issued; writ petition disposed of with the observation that a fresh representation moved by the petitioner before the fifth respondent (Additional Commissioner/Additional Registrar (Cooperative), Hapur) within a week's time shall be considered and decided strictly in accordance with law expeditiously, after giving opportunity of hearing to all stakeholders, especially respondent nos. 6 and 7.

Issue for consideration

Whether the authority concerned could be directed, by mandamus, to restrain members of Chandralok Grih Nirman Sahkari Awas Samiti Limited, Hapur from selling the Society's property to outsiders without permission of the Society's authority. +1 more

Court's answer

The Court expressed no opinion on the merits of the issue and, with the consent of the parties, disposed of the writ petition with observations.

Ratio / Principle

In case the petitioner moves a fresh representation ventilating his grievances before the fifth respondent within a week's time, the Court hoped and trusted that the said representation shall be considered and decided strictly in accordance with law expeditiously, after giving opportunity of hearing to all the stakeholders in the matter, especially respondent nos. 6 and 7.

Detailed headnote1 paragraphs

WRIT - C No. 3913 of 2023, High Court of Judicature at Allahabad (Mahesh Chandra Tripathi and Manjive Shukla, JJ.), decided 07.04.2023 — Bijendra Singh, claiming to be Secretary of Chandralok Grih Nirman Sahkari Awas Samiti Limited, Hapur, sought a writ of mandamus directing the authority concerned to restrain members of the Society from selling the Society's property to outsiders without permission of the Society's authority; his earlier detailed representation to the fifth respondent (Additional Commissioner/Additional Registrar (Cooperative), Hapur) had produced no remedial measures. Without expressing any opinion on the merits and with the consent of the parties, the Court disposed of the petition with the observation that if the petitioner moves a fresh representation before the fifth respondent within a week's time, it shall be considered and decided strictly in accordance with law expeditiously, after giving opportunity of hearing to all stakeholders, especially respondent nos. 6 and 7.

Court No. - 40

Case :- WRIT - C No. - 3913 of 2023

Petitioner :- Bijendra Singh Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Sanjay Kumar Srivastav Counsel for Respondent :- C.S.C.,Vineet Pandey

Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Manjive Shukla,J.

Heard learned counsel for the petitioner, Sri Satyam Singh, learned Standing Counsel for the State respondents and Sri Vineet Pandey, learned counsel for respondent nos.6 and 7.

Present writ petition has been preferred for a direction in the nature of mandamus directing the authority concerned to restrain the members of the society, who are selling the property in question of the Chandralok Grih Nirman Sahkari Awas Samiti Limited, Hapur to outsider without permission of the Society's authority.

Notice need not be issued to the private respondent, in view of the order proposed to be passed.

The petitioner claims to be the Secretary of Chandralok Grih Nirman Sahkari Awas Samiti Limited, Hapur (hereinafter referred to as the 'Society'). He is aggrieved with selling of the Society's property to the outsider without permission of the Society.

Learned counsel for the petitioner states that the petitioner has already made a detailed representation to the fifth respondentAdditional Commissioner/Additional Registrar (Cooperative), Hapur, District Hapur and till date no remedial measures have been taken on the aforesaid representation.

On the other hand, Sri Satyam Singh, learned Standing Counsel for the State respondents and Sri Vineet Pandey, learned counsel for respondent nos.6 and 7 fairly state that in case the petitioner makes a fresh representation before the competent authority, definitely the same would be considered strictly in accordance with law.

Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue and with the consent, the writ petition stands disposed of with observation that in case the petitioner moves fresh representation ventilating his

grievances before the fifth respondent within a week's time, this Court hopes and trusts that the said representation shall be considered and decided strictly in accordance with law expeditiously but certainty after giving opportunity of hearing to all the stakeholders in the matter especially respondent nos.6 and 7.

With the aforesaid observations, this writ petition is finally disposed of.

Order Date :- 7.4.2023 Salim

Digitally signed by :- SALIM PRAVEJ High Court of Judicature at Allahabad