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KRAYA VIKRAY SAHAKARI SAMITI LTD. AND ANOTHER versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Kraya Vikray Sahakari Samiti Ltd. And Another v. State Of U.P. & Others - WRIT - C No. 9624 of 2005 [2006] RD-AH 4456 (24 February 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Yatindra Singh,J.

Hon'ble  R.K.Rastogi,J

This is a writ petition against order dated 10.2.2005 stopping the election of the petitioner society on the ground that petitioner society is not a Kraya Vikraya Co-operative Society under the Co-operative  Societies Act.

We have heard  the  counsel for the petitioners and the  Standing Counsel,   for the respondents.

The Standing Counsel was granted time  to file counter affidavit but no counter affidavit has been filed. No reason has been mentioned in the  impugned order as to why the petitioner   Kraya Vikraya Society is not to be treated  as a Kraya Vikraya Co-operative Society under the Act.

In view of this, the impugned order dated 10.2.2005 is quashed. Respondent no.2 may pass fresh reasoned order after consideration of Clause 4 of registered Bye-laws  of the Co-operative Society  at an early date, if possible within a month from the date of receipt of certified copy of this order.

With these observations, the writ petition is allowed.

Dated: 24.2.2006

RPP/WP.9624/06


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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