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Allahabad High Court

GYAN SINGHversusREGISTRAR CO-OPERATIVE SOCIETIES LUCKNOW AND OTHERS

Decided
Disposal
Dismissed on merits

Holding

The Court held that the cause of action did not survive (or the petitioner had lost interest), and consequently dismissed the writ petition.

Summary

Gyan Singh filed Writ‑A No. 36522 of 2011 before the Allahabad High Court challenging the actions of the Registrar of Co‑Operative Societies, Lucknow and other respondents. The petitioner’s counsel did not appear, while the State respondents were represented by standing counsel and counsel for respondents‑2 and‑4. The Court observed that the petition either lacked a surviving cause of action or the petitioner had lost interest in pursuing the matter. Consequently, the writ petition could not be entertained. The Court therefore dismissed the petition and discharged any interim relief that had been ordered. The order was dated 5 December 2022.

Issues considered

  • The petitioner's cause of action survives?
  • The petitioner’s lack of interest or abandonment of the suit warrants dismissal?

Subjects

  • writ petition
  • cause of action
  • dismissal
  • co‑operative societies
  • procedural default
  • petition abandoned

Judgment

                                     Court No. - 38

                                     Case :- WRIT - A No. - 36522 of 2011

                                     Petitioner :- Gyan Singh
                                     Respondent :- Registrar Co-Operative Societies Lucknow And
                                     Others
                                     Counsel for Petitioner :- R.K.Gupta,Ashok Kr. Lal,Mithilesh
                                     Kumar Tiwari
                                     Counsel for Respondent :- C.S.C.,Abhishek
                                     Mishra,K.N.Mishra

                                     Hon'ble Rajiv Joshi,J.

                                     List has been revised.

                                     None present on behalf of the petitioner.

                                     Learned Standing Counsel appearing on behalf of State
                                     respondents as well as Sri Anubhav Pandey, holding brief of Sri
                                     Abhishek Mishra, learned counsel for the respodnents-2 & 4 is
                                     present.

                                     It transpires from the record that either cause of action does not
                                     survives or the petitioner has lost interest in pursuing the
                                     matter.

                                     Accordingly, the writ petition is dismissed.

                                     Interim order, if any, stands discharged.

                                     Order Date :- 5.12.2022
                                     Noman




Digitally signed by NOMAN AHMAD
Date: 2022.12.07 11:35:30 IST
Reason:
Location: High Court of Judicature
at Allahabad


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