Allowed

Indra Bahadur Singh and Another v. State of U.P. Thru. Addl. Chief Secy., Deptt. of Institutional Finance, Lucknow and Others

Allahabad HC23 Jul 2024WRIC/5448/2024

Case brief

AI extract

What is this about?

In a petitioner's challenge to orders transferring a cooperative society election matter to a different registrar, the Court noted that allegations were personal to the transferred official. With consent, the Court set aside the transfer orders and remitted the matter to the original registrar for decision.

What did the court decide?

Impugned orders dated 19.04.2024 and 26.04.2024 set aside; matter remitted to Respondent No. 3 for adjudication within eight weeks.

Indra Bahadur Singh and Another vs State of U.P… — Cooperative Societies | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:49709

¶2

Court No. - 7

¶3

Case :- WRIT - C No. - 5448 of 2024

¶4

Petitioner :- Indra Bahadur Singh And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy., Deptt. Of Institutional Finance, Lucknow And Others Counsel for Petitioner :- Sushil Kumar Singh,Janardan Singh Counsel for Respondent :- C.S.C.,Akhand Vikram Singh Kushwaha,Anand Pal Singh,Rama Niwas Pathak,S M Singh Royekwar

¶5

Hon'ble Alok Mathur,J.

¶6

Heard Sri Sushil Kumar Singh as well as Sri Janardan Singh, learned counsel appearing for the petitioners, learned Standing counsel for respondent No.s 1 to 4 and Sri S. M. Singh Royekwar along with Ram Niwas Pathak who have put in appearance on behalf of respondent No.s 5 and 6/caveators.

¶7

By means of present petition the petitioners have challenged the order dated 19.4.2024 passed by State Government as well as order dated 26.4.2024 which has been passed by respondent No.2 thereby transferring the matter from respondent No.3 to respondent No.4 i.e. Assistant Registrar, Firms, Societies and hits, Gorakhpur Division, Gorakhpur.

¶8

It has been submitted on behalf of the petitioners that the controversy in question is with regard to the elections to be held in Krishak Samaj Vidya Samiti, Chhatauni Dehras, Gonda where the order dated 9.8.2023 passed by respondent No.3 wherein he has finalized the list of 130 members in electoral college. The said order was also challenged before this Court in Writ C No.7345 of 2023 and the petition was allowed vide order dated 25.8.2023 quashing the order dated 9.8.2023 and directing the Deputy Registrar to decide the issue afresh considering the objections filed by respondent Nos. 5 and 6. It is stated that the order of this Court has not been complied and the issue is still pending with respondent No.3 wherein an application for transfer of the matter was moved by respondent No.s 5 and 6 on which approval of the State Government was sought and finally by means of the impugned order the matter has been transferred from respondent No.3 to respondent No.4. Learned counsel for the petitioner submits that the said exercise has been done in a most illegal and arbitrary manner without existence of any bonafide reasons or grounds necessitating transfer of the said matter.

¶9

Sri Sushil Kumar Singh, learned counsel for the petitioners has informed this Court today that the allegations levelled by respondent nos. 5 and 6 were against the Deputy Registrar, Firms, Societies and Chits, Ayodhya Division, Ayodhya, who since has been transferred on 29.06.2024 and another incumbent has joined as Deputy Registrar, Firms, Societies and Chits, Ayodhya Division, Ayodhya.

¶10

In the light of aforesaid development the grievance if any, of respondent nos. 5 and 6 stand redressed, which in any case was with regard to particular individual at the relevant time was posted as Deputy Registrar.

¶11

Sri S.M. Singh Royekwar, learned counsel appearing for respondent nos. 5 and 6 does not dispute the aforesaid facts and submits that in case respondent no. 3 has been transferred, then respondent nos. 5 and 6 would not have objection for the matter to be placed before the new incumbent and decide the issue as per directions of this Court dated 25.08.2023.

¶12

Accordingly, in the changed circumstances with the consent of learned counsel for the parties, no interference is required by this Court in the present writ petition and accordingly respondent no. 3 is directed to proceed to decide the issue as directed by this Court vide order dated 25.08.2023, passed in Writ Petition No. 7345 of 2023 with expedition, say within eight weeks from the date of production of certified copy of this order. The parties before this Court assure that they will cooperate in the proceedings before respondent no. 3.

¶13

In the light of statement made by learned counsel for the parties, the impugned orders dated 19.04.2024 and 26.04.2024 are set aside. The matter stands remitted to respondent no. 3 for adjudication afresh.

¶14

The writ petition stands allowed .

¶15

Order Date :- 23.7.2024 A. Verma

¶16

(Alok Mathur, J.)

¶17

Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench

Indra Bahadur Singh and Another v. State of U.P. Thru. Addl. Chief Secy., Deptt. of Institutional Finance, Lucknow and Others

Case brief

What is this about?

What did the court decide?

Indra Bahadur Singh and Another v. State of U.P. Thru. Addl. Chief Secy., Deptt. of Institutional Finance, Lucknow and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

C/M Janta Viddyalaya Junior High School Arobar Block Vs State of U.P. Thru. Its Secy. Basic Education ANUBHAG-6 andORS

M/S Lavi Industries Hardoi Thru Proprietor Vs Commissioner of Commercial Tax U.P. Lucknow

M/S Dhaniram Mannilal Hardoi Thru Partner Vs Commissioner of Commercial Tax U.P. Lucknow

Anoop Kumar Pandey and Another Vs State of U.P. Thru. Addl. Chief Secy. Deptt. of Stamp and Registration, Lko. and 4 Others

Rajiya Bai Vs Branch Manager, U.P. Sahkari Gram Vikas Bank Ltd. Bhinga Shrawasti and Another

Amita Chaurasiya Thru Father Sunil Kumar Vs State of U.P Thru Secy Secondary Edu Lko and Ors.