Allahabad High Court
RAKESH KUMAR DUBEY AND 4 OTHERSversusSTATE OF U.P. AND 5 OTHERS
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The Court held that it may direct the respondent to decide the pending case within a specified time frame under Section 9(ka)2 of the UP Cooperative Societies Act.
Summary
Petitioners Rakesh Kumar Dubey and others filed a writ petition seeking a court direction that the pending case No. TB of 2024 (Rakesh Kumar Dubey v. Gram Sabha) be decided expeditiously under Section 9(ka)2 of the Uttar Pradesh Cooperative Societies Act. The petition argued that the case had been pending since 2024 and that a judicial direction was necessary to ensure timely disposal. The respondents raised no objection to the proposed direction. The High Court held that justice required the court to issue such a direction and ordered the respondent to decide the pending case within three months of service of the order. Accordingly, the petition was disposed with the direction for expeditious disposal.
Issues considered
- Whether the High Court can issue a direction under Section 9(ka)2 of the UP Cooperative Societies Act for the expeditious disposal of a pending case.
- Whether the writ petition is maintainable for seeking such a direction.
Legislation cited
- Uttar Pradesh Cooperative Societies Act — s. 9(ka)2
Subjects
- writ petition
- expeditious disposal
- Section 9(ka)2
- U.P. Cooperative Societies Act
- administrative law
- direction
- pending case
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - B No. - 4100 of 2026
Rakesh Kumar Dubey And 4 Others
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Prabhash Pandey, Rupesh Kumar
Dwivedi
Counsel for Respondent(s) : Azad Rai, C.S.C.
Court No. - 50
HON'BLE ASHUTOSH SRIVASTAVA, J.
Heard Shri Rupesh Kumar Dwivedi, learned counsel for the petitioner,
learned Standing Counsel for the State-respondent and Shri Azad Rai,
learned counsel for the respondent No. 3 .
Considering the nature of the order proposed to be passed notice upon the
private respondents is hereby dispensed with.
The limited prayer made by learned counsel for the petitioner is to issue a
direction to decide the proceedings of Case No. TB of 2024 (Rakesh Kumar
Dubey versus Gram Sabha and others) under Section 9 (ka)2 of UPCH Act,
stated to be pending before the respondent No. 2 within a time frame fixed
by this Court.
Learned counsel for the petitioner submits that case filed by the petitioner is
pending consideration since 2024 and the purpose of filing the present
petition would stand served if appropriate directions are issued to the
respondent No. 2 to consider and decide the aforesaid case within a time
frame fixed by this Court.
Learned counsels appearing for the respondents have no objection to the
aforesaid proposition.
Considering the totality of the circumstances and submissions advanced by
learned counsel for the petitioners, this Court is of the opinion that ends of
justice would stand sub served if directions are issued for expeditious
WRIB No. 4100 of 2026
2
disposal of aforesaid case.
Accordingly, the present petition is disposed of by requiring the respondent
No. 2 seized with the Case No. TB of 2024 (Rakesh Kumar Dubey versus
Gram Sabha and others) under Section 9 (ka)2 of UPCH Act to consider and
decide the same, expeditiously, preferably, within a period of three months
upon service of certified copy of the order of this Court, in accordance with
law.
(Ashutosh Srivastava,J.)
September 23, 2026
Ravi Prakash
Digitally signed by :-
RAVI PRAKASH
High Court of Judicature at Allahabad
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