Dilip Kumar And Others vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 22093 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 
Case :- WRIT - C No. - 9201 of 2022
 
Petitioner :- Dilip Kumar And Others
 
Respondent :- State Of U.P. Thru. Prin. Secy. Ministry Of Cooperative,U.P. Lko. And Others
 
Counsel for Petitioner :- Om Prakash Nag,Sonu Shukla
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Neeraj Tiwari,J.

Heard learned counsel for the petitioners and learned standing counsel for State-respondents.

Present petition has been filed seeking following relief:-

"i). Issue a writ, order or direction in the nature of mandamus commanding opposite party no. 3 to call for explanation why not to decide the Mediation Case (Dileep Kumar & others vs. State of U.P. and others) within the period of four months from the date of judgment dated 18.04.2022 passed in Appeal No. 101 of 2021 (Dilip Kumar and others vs. State of U.P. and others) as prescribed by the U.P. Co-operative Tribunal.

ii). To issue directions to the opposite party no. 3/Milk Commissioner & Registrar, Milk Cooperative Societies, Dairy Development Department U.P. at Lucknow to decide the Mediation Case ( Dileep Kumar & others vs. State of U.P. and others) U/s 70 of the U.P. Sahkari Samiti Act, within the period as prescribed by this Hon'ble Court."

Learned counsel for the petitioners submitted that petitioners have submitted the order dated 18.04.2022 passed by respondent No. 2 before respondent No. 3, upon which, notice has been issued. Further, petitioners have also submitted written submissions, but till date no decision has been taken. Lastly, it is submitted that a direction may be issued to respondent No. 3 to complete the proceeding within a stipulated time, for which learned standing counsel for respondents has no objection.

In view of the facts and circumstances of the case, the writ petition is disposed of directing respondent No. 3 to complete the proceeding as directed by respondent No. 2 vide order dated 18.04.2022 in accordance with law, maximum within a period of two months from the date of submission of certified copy of this order.

It is made clear that this Court has not adjudicated the case on merits. It is upon respondent No. 3 to pass order after considering the relevant Rules as well as facts of the case.

Order Date :- 20.12.2022

Sartaj