Disposed

Shailesh Mishra v. State of U.P. Thru. Its Addl. Chief Secy. Deptt. of Institutional Finance and 5 Others

Allahabad HC1 May 2024/3937/2024

Case brief

AI extract

What is this about?

Writ petitioner challenged delay in deciding membership objection. Court directed Deputy Registrar to decide petitioner's objection within eight weeks, allowing hearing to stakeholders, without deciding merits.

What did the court decide?

Direction to Deputy Registrar to decide petitioner's objection dated 22-04-2024 within eight weeks with opportunity of hearing.

Shailesh Mishra Vs State of U.P. Thru. Its Addl… — Company and Corporate | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:33982

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Court No. - 20

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Case :- WRIT - C No. - 3937 of 2024

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Petitioner :- Shailesh Mishra Respondent :- State Of U.P. Thru. Its Addl. Chief Secy. Deptt. Of Institutional Finance And 5 Others Counsel for Petitioner :- Krishna Madhav Shukla Counsel for Respondent :- C.S.C.

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Hon'ble Shree Prakash Singh,J.

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Since, the matter is being decided at the admission stage, thus, notices to opposite parties no. 4 to 6 are hereby dispensed with.

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Heard learned counsel for the petitioner as well as Sri Nitin Mathur, learned Additional Chief Standing Counsel for the State.

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Instant writ petition has been filed seeking the following reliefs :-

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"(i) issue a writ, order or direction in the nature of Mandamus thereby commanding and directing the opposite party No. 3 to decide the preliminary objection of the petitioner dated 22.04.2024 ( Annexure No. 10 to the writ petition) in accordance with law prior to passing any final order with respect to the registration of the members of the society.

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(ii) Issue such other suitable order or direction as the Hon'ble Court may deem just and proper in the facts and circumstances of the case.

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(iii) Allow the petition with cost."

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Contention of learned counsel for the petitioner is that the petitioner is a validly inducted member of the society namely, Lallan Ji Brahmachari Inter College Bharatpur, Ambedkar Nagar, but, the opposite parties no. 4 to 6 have moved an application challenging the validity of the induction of the membership of the petitioner, whereafter, the petitioner filed objection against the said complaint,which is pending consideration before the Deputy Registrar, Firms Societies and Chits, Ayodhya Mandal, Ayodhya, since 22-042024.

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He added that the interest of justice would be subserved if this Hon'ble Court may be pleased to direct the the Deputy Registrar, Firms Societies and Chits concerned to decide the objection dated 22-04-2024 of the petitioner within stipulated period of time, as may be fixed by this court.

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On the other hand, learned counsel appearing for the State has no objection to the contention aforesaid.

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In view of the above and without entering into the merits of the case, the opposite party no. 3, is hereby directed to consider and decide petitioner's objection dated 22-04-2024, if it is filed, within period of eight weeks from the date a certified copy of this order is produced before him, while affording opportunity of hearing to all the stake holders.

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

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Order Date :- 1.5.2024 AKS

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Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Shailesh Mishra v. State of U.P. Thru. Its Addl. Chief Secy. Deptt. of Institutional Finance and 5 Others

Case brief

What is this about?

What did the court decide?

Shailesh Mishra v. State of U.P. Thru. Its Addl. Chief Secy. Deptt. of Institutional Finance and 5 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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