Disposed

Babban Singh and Another v. State of U.P. Thru. Its Prin. Secy. Deptt. of Stamp and Registration, Lko. and 6 Others

Allahabad HC1 May 2024/3943/2024

Case brief

AI extract

What is this about?

Petitioners sought directions for decision of a society's internal management dispute by the Assistant Registrar. The court, without going into merits, permitted fresh representation within two weeks and directed the Assistant Registrar to decide it within eight weeks with hearing to stakeholders.

What the court decided

AI extract

Babban Singh and Another Vs State of U.P. Thru. Its… — Cooperative Societies | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:33893

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Court No. - 20

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Case :- WRIT - C No. - 3943 of 2024

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Petitioner :- Babban Singh And Another Respondent :- State Of U.P. Thru. Its Prin. Secy. Deptt. Of Stamp And Registration, Lko. And 6 Others Counsel for Petitioner :- Amitabh Kumar Tripathi,Ashish Kumar Shukla,Ram Pratap Yadav,Shiv Prakash Mishra 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 admission stage, notices to opposite parties no. 4 to 7 are dispensed with.

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Heard learned counsel for the petitioners and Sri Rajeev Singh Chauhan, 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 commanding and directing the opposite party no. 2 and 3 to decide the dispute of Jai Baba Shikshan Sansthan Society regarding the constitution/recruitment of new members for general assembly as well as dispute ongoing between committee of management of the society, in the light of restoration application dated 01.04.2021 and application dated 14.09.2023, contained as Annexure No. 10 and 14, filed by the petitioners,in the interest of justice.

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(ii) Issue any other order or direction which this Hon'ble Court may deem fit and proper in the circumstance of the case.

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(iii) Allow the writ petition with costs in favour of the petitioners."

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Contention of learned counsel for the petitioners is that certain dispute are pending before the opposite party no. 3 and the same are not being decided as yet. He next submits that the interest of justice would be sub-served if this Hon'ble Court may be pleased to direct the opposite party no. 3 to consider and decide the representation of the petitioners within stipulated period of time, as may be fixed by this court.

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In view of the above and without entering into the merits of the case, the petitioners are given liberty to move fresh representation within a period of two weeks from today while raising all their claims before the opposite party no. 3, and if such representation is moved, the opposite party no. 3 i.e. Assistant Registrar, Firms, Societies and Chits, Govt. of U.P., District-Prayagraj, is hereby directed to consider and decide the same within further period of eight weeks, in accordance with law 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

Babban Singh and Another v. State of U.P. Thru. Its Prin. Secy. Deptt. of Stamp and Registration, Lko. and 6 Others

Case brief

What is this about?

What the court decided

Babban Singh and Another v. State of U.P. Thru. Its Prin. Secy. Deptt. of Stamp and Registration, Lko. and 6 Others

Case brief

What is this about?

What the court decided

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