Court No. - 55
Case :- SPECIAL APPEAL DEFECTIVE No. - 693 of 2019 Appellant :- Sehkari Avas Nirman Evam Vitta Nigam Limited And Another Respondent :- Rajeev Chandra Pathak And 3 Others Counsel for Appellant :- Kartikeya Saran,Ujjawal Satsangi Counsel for Respondent :- C.S.C.,A.S.G.I.,Hanuman Prasad Dube,Rakesh Mohan,Vipul Dube
Hon'ble Vikram Nath,J. Hon'ble Pankaj Bhatia,J.
Heard Sri Ashok Khare, learned Senior Advocate assisted by Sri Varun Singh, Advocate holding brief of Sri Kartikeya Saran, learned counsel for the appellants, Sri Hanuman Prasad Dube, learned counsel representing respondent no. 1, Sri A.K. Roy, learned Additional Chief Standing Counsel for the State-respondents and Sri Rakesh Mohan, learned counsel appearing for the respondent nos. 3 and 4.
The present appeal has been filed challenging the judgement and order dated 15.5.2019 whereby the learned Single Judge allowed the writ petition on all the grounds.
The learned Single Judge while dealing with all the issues raised by the petitioner held that the appointment of the petitioner could not be held to be illegal or without lawful authority and the dispensation of service of the petitioner was bad and the the learned Single Judge has further held that as the character of the society was transformed into a Multi State Cooperative Society in the year 2001, the State Government was deprived of its jurisdiction or authority to issue any directives and on those grounds proceeded to allow the writ petition.
Sri Ashok Khare, learned Senior advocate, could not point out any error meriting interference in the impugned judgement dated 15.5.2019.
We are in respectful agreement with all the findings recorded by the learned Single Judge.
The appeal lacks merit and is, accordingly, dismissed.
Order Date :- 26.8.2019 Puspendra .
(Pankaj Bhatia,J.) (Vikram Nath,J.)