Allahabad High Court
WRIC/10977/2025 of ALLAHABAD HIGH COURT JUDGES AWAS SEHKARI SAMITI LTD. THRU.SRI AMAN SRIVASTAVA ADVOCATE Vs STATE OF U.P. THRU. ADDL. CHIEF SECY. GOVT. DEPTT. CO OPERATIVE LKO. AND 4 OTHERS on 15 November 2025
JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10977 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. 1. We have heard the learned counsel for the petitioner at some length and Shri Rakesh Kumar Chaudhary, learned Senior Advocate assisted by Shri Pankaj Patel
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
WRIT - C No. - 10977 of 2025
Court No. - 2
HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE AMITABH KUMAR RAI, J.
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1. We have heard the learned counsel for the petitioner at some length and Shri Rakesh Kumar Chaudhary, learned Senior Advocate assisted by Shri Pankaj Patel for the Respondent nos.2 and 3 and Shri Piyush Kumar Agarwal who has appeared on behalf of the Respondent no.4. The Power filed today is taken on record.
2. This petition has been filed by the petitioner for the following prayers:- "i) To declare the impugned Rule 35(1) of the Bye-laws, 2002 of the Allahabad High Court Judges Awas Sehkari Samiti Limited, Noida, Gautam Buddha Nagar, ultra vires to the Section 31 of the Uttar Pradesh Cooperative Societies Act, 1965, as contained in Annexure No.2 to this writ petition.
ii) To issue a writ order or direction in the nature of Certiorari quashing the impugned order dated 30.09.2025 passed by the Additional Registrar, Cooperative Societies/ Additional Housing Commissioner, U.P. Awas Evam Vikas Parishad, Lucknow/ Respondent no.2 as contained in Annexure No.1 to this writ Versus Counsel for Petitioner(s) : Chandra Bhushan Pandey, Asim Kumar Singh Counsel for Respondent(s) : C.S.C., Ayush Chaudhary Allahabad High Court Judges Awas Sehkari Samiti Ltd. Thru.Sri Aman Srivastava Advocate .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Govt. Deptt. Co Operative Lko. And 4 Others .....Respondent(s)
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iii) to issue a writ, order or direction in the nature of Mandamus commanding the Respondents not to give effect to or act upon the impugned order and to uphold resolution, dated 15.06.2025 passed by the General Body of the Society."
3. A preliminary objection has been taken by the counsel for the Respondent nos.2 and 3 that against the order dated 30.09.2025, the petitioner has remedy of approaching the State Government under Section 98(1)(n) of the U.P. Co-operative Societies Act.
4. The Counsel for the petitioner prays that this writ petition be dismissed as withdrawn with liberty to file a fresh petition.
5. Accordingly, this writ petition is dismissed as withdrawn with the aforesaid liberty. November 15, 2025 N.PAL WRIC No. 10977 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench