Court No. - 39
Case :- WRIT - C No. - 38876 of 2018 Petitioner :- Ram Murti Jha And 3 Others Respondent :- State Of U.P. Through Secretary Housing And Co-Operative Societies And 8 Others Counsel for Petitioner :- Chetan Chatterjee Counsel for Respondent :- C.S.C.,Shiv Nath Singh
Hon'ble B. Amit Sthalekar,J. Hon'ble Piyush Agrawal,J.
Heard Sri Chetan Chatterjee, learned counsel for the petitioners, learned Standing Counsel for the respondents no.1 to 4 and Sri Shiv Nath Singh, learned counsel for the respondent no.5.
Learned counsel for the petitioners is permitted to correct the title of respondent no.4 impleading U.P. Co-operative Tribunal, Uttar Pradesh, Lucknow through its Chairman today itself.
The petitioners in the writ petition are seeking quashing of the order dated 09.02.2018 passed by the Uttar Pradesh Cooperative Tribunal in Appeal No.3 of 2018 which was filed by the respondent no.6.
An order was passed by the respondent no.5 on 11.02.2017 whereby the respondent no.6 was removed from the post of Secretary of the IIT Kanpur Karmchari Sahkari Awas Samiti Limited, Kanpur.
Aggrieved by this order the respondent no.6 filed an Appeal No.3 of 2018 (Rakesh Pathak Vs. Additional Housing Commissioner/Assistant Registrar, Uttar Pradesh Awas and Vikas Parishad (Co-operative Department Lucknow) in which the impugned order has been passed staying the operation of the order.
The petitioners, however, are seeking a direction to the respondents to construct and maintain the road and green belt which has not been done till date.
Sri Shiv Nath Singh submits that this was the very allegation against the respondent no.6 which prompted the respondent no.5 to remove him from the post of Secretary and the matter is now subjudice before the Appellate Tribunal.
In the circumstances, we dispose of this writ petition with a direction to the respondent no.4, Chairman, U.P. Co-operative Tribunal, Uttar Pradesh, Lucknow to consider and decide the appeal No.03 of 2018 Appeal No.3 of 2018 (Rakesh Pathak Vs. Additional Housing Commissioner/Assistant Registrar, Uttar Pradesh Awas and Vikas Parishad (Co-operative Department Lucknow) expeditiously preferably within a period of three months from the date of receipt of a certified copy of this order in his office.
It is made clear that the Court has not adjudicated the claim of the petitioners on merits.
Order Date :- 28.11.2018 N Tiwari