Ram Gopal Rastogi Vs Joint Commissioner and Joint Registrar (Cooperative), Lko. Division Lko. and 4 Others — Allahabad HC (2025) — LawSathi Research

Ram Gopal Rastogi Vs Joint Commissioner and Joint Registrar (Cooperative), Lko. Division Lko. and 4 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition allowed at the admission stage: impugned surcharge order dated 04.01.2025 quashed as against the petitioners (Certiorari), liberty to the authority to pass fresh orders after adjudicating the competence objections, time-frame of the 24.10.2024 order extended from service of certified copy, and parties to bear their own costs.

Issue for consideration

Whether the impugned surcharge order dated 04.01.2025 under Section 68(2) of the U.P. Cooperative Societies Act, 1965 can stand when the authority failed to adjudicate the petitioner's objections regarding jurisdiction/competence of the proceedings under Section 68, contrary to the Court's directions of 24.10.2024 in WRIT - A No. - 9875 of 2024.

Court's answer

Neither the impugned order nor the written instructions furnished by the State indicate any adjudication of the objections raised by the petitioner pertaining to the proceedings.

Ratio / Principle

The impugned order is clearly in violation of the directions issued by this Court vide judgment and order dated 24.10.2024 in WRIT - A No. - 9875 of 2024.

Key takeaways

The impugned order dated 04.01.2025 is quashed as far as it relates to the petitioners by a writ in the nature of Certiorari, with liberty to the authority to pass orders afresh but only after deciding the petitioner's objections on the competence of the proceedings as directed on 24.10.2024.ratio¶13
The time-frame indicated in the order dated 24.10.2024 stands extended in the same manner from the date a certified copy of this order is served upon the authority concerned.ratio¶13

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Manish Mathur, J.) allowed a WRIT - C petition at the admission stage (Neutral Citation 2025:AHC-LKO:13277). The petitioner had objected, during proceedings under Section 68(1) of the U.P. Cooperative Societies Act, 1965, to the authority's jurisdiction/competence; an earlier writ (WRIT - A No. - 9875 of 2024, disposed 24.10.2024) directed the authority to decide those objections within two months. Despite service of that order, the authority passed a surcharge order dated 04.01.2025 under Section 68(2) without adjudicating the objections. Holding the impugned order to be in clear violation of the 24.10.2024 directions, the Court quashed it (so far as it related to the petitioners) via Certiorari, permitted fresh orders only after deciding the competence objections, and extended the earlier time-frame from service of a certified copy; parties to bear their own costs.

Neutral Citation No. - 2025:AHC-LKO:13277

Court No. - 19

Case :- WRIT - C No. - 2027 of 2025

Petitioner :- Ram Gopal Rastogi Respondent :- Joint Commissioner And Joint Registrar (Cooperative), Lko. Division Lko. And 4 Others Counsel for Petitioner :- Piyush Asthana Counsel for Respondent :- C.S.C.,Vinod Kumar Singh

Hon'ble Manish Mathur,J.

Heard Mr. Piyush Asthana, learned counsel for petitioner, learned State Counsel for opposite parties 1, 2 & 4 and Mr. Vinod Kumar Singh, learned counsel for opposite parties 3 and 5.

Petition has been filed challenging order dated 04.01.2025 imposing surcharge under Section 68(2) of U.P. Cooperative Societies Act, 1965[hereinafter referred to as the Act of 1965]. A further prayer for quashing enquiry report dated 14.02.2023 has also been sought along with a direction to opposite parties not to make any recovery on the basis of impugned order and report.

Learned counsel for petitioner submits that upon initiation of proceedings under Section 68(1) of the Act of 1965, objections were filed by him pertaining to jurisdiction of the authority to entertain or initiate such proceedings. However, since objection were not dealt with, petitioners filed WRIT - A No. - 9875 of 2024 which was disposed of by means of judgment and order dated 24.10.2024 directing the authority competent to decide the objections preferred by petitioners within a period of two months in accordance with law under relevant rules.

It is submitted that despite service of aforesaid order dated 24.10.2024 upon authority concerned, impugned order has been passed, without adverting to the objections raised by petitioner pertaining to competence of proceedings under Section 68 of

the Act of 1965.

Learned State Counsel has been provided written instructions dated 04.03.2025 which are taken on record, but neither the order impugned nor even written instructions indicate any adjudication of objections raised by petitioner pertaining to proceedings.

A perusal of impugned order makes it obvious that although aforesaid aspect has been touched by authority concerned but there is no adjudication with regard to same. The order impugned is clearly in violation of directions issued by this Court vide judgment and order dated 24.10.2024 passed in WRIT - A No. - 9875 of 2024.

In view thereof, the impugned order dated 04.01.2025 is hereby quashed so far as it relates to petitioners by issuance of a writ in the nature of Certiorari granting liberty to authority concerned to pass orders afresh but only after deciding objections preferred by petitioner regarding competence of the proceedings as directed by this Court vide judgment and order dated 24.10.2024. The time-frame indicated in the said order shall stand extended in the same manner from the date a certified copy of this order is served upon authority concerned.

Resultantly, the petition succeeds and is allowed at the admission stage itself. Parties to bear their own costs.

Order Date :- 5.3.2025 kvg/-

Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench