Court No. - 36
Case :- WRIT - C No. - 25680 of 2021 Petitioner :- Sutani Devi Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Ram Autar Verma Counsel for Respondent :- C.S.C.,Manoj Nigam
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner, learned standing counsel for respondent Nos. 1, 2, 3, 4 & 8 and Sri Manoj Nigam, learned counsel for respondent Nos. 5, 6 & 7.
Pursuant to the order of this Court dated 07.10.2021, Sri Manoj Nigam submitted that notices have been served upon petitioners on 31.12.2018, 02.03.2019 & 25.06.2021, but in light of Section 95-A of U.P. Co-Operative Societies Act, 1965 (hereinafter referred to as 'Act, 1965') and Rule, 45 of U.P. Sahkari Gram Vikas Rules, 1971 (hereinafter referred to as 'Rules, 1971') framed thereunder, petitioner could not produce the certificate issued by the Registrar and fairly submitted that matter may be remanded back with liberty to the respondents to pass fresh order.
Therefore, under such facts and circumstances of the case, undated recovery certificate and demand/citation dated 14.09.2021 are hereby quashed.
Accordingly, writ petition is allowed.
Liberty is given to respondents to issue fresh recovery certificate in accordance with provisions of Act, 1965 as well as Rules, 1971 framed thereunder.
Order Date :- 25.10.2021 Sartaj