Court No. - 39
Case :- WRIT - C No. - 18050 of 2019 Petitioner :- Khushalpur Sahkari Kheti Samiti Limitted And Another Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Prateek Kumar Counsel for Respondent :- C.S.C.
Hon'ble B. Amit Sthalekar,J. Hon'ble Piyush Agrawal,J.
Heard Shri Prateek Kumar, learned counsel for the petitioners and learned standing counsel for the State - respondent nos. 1 to 3.
The petitioners, in this writ petition, are seeking quashing of the order/notice dated 08.02.2018.
We have perused the notice dated 08.02.2018 and we find that a notice was given to the petitioner no. 1 - Samiti as to why its registration dated 24.07.1959 may not be cancelled. The petitioner - Samiti was required to submit its objection within 15 days. Annexure No. 23 to the writ petition is the objection filed by the petitioners, which also shows the endorsement of 23.02.2018 itself.
It is informed that till date, no order has been passed on the petitioners' objections and therefore, the petitioners have apprehension that the Government may proceed to appoint a Liquidator and liquidate the assets of the petitioner - Society.
No useful purpose will be served by keeping the matter pending. We, therefore, dispose of this writ petition with a direction to the Joint Commissioner/Joint Registrar, Cooperatives, Moradabad (respondent no. 4) to consider and decide the petitioners' objections dated 23.02.2018 (Annexure No. 23 to the writ petition), in accordance with law, expeditiously, preferably, within a period of three months from the date of receipt of a certified copy of this order in his Office.
Till such an order is passed, no coercive action shall be taken against the petitioners in pursuance of the impugned notice dated 08.02.2018.
Order Date :- 29.5.2019 Amit Mishra