Narendra Singh Tomar And Another v. State Of U.P. And 5 Others

1. Heard learned counsel for the petitioners, Sri. Sanjay Kumar Singh, learned Standing Counsel for the State respondents and Sri. Surya Bhan Singh holding brief of Sri. Shiv Nath Singh, Advocate appearing for the 2 and 4 respondents.

2. Notice need not be issued to the private respondents in view of the order proposed to be passed.

3. The petitioner claims to be the President of Nav Yug Sahakari Awas Samiti Ltd., Merrut is before this Court asking for a direction commanding the respondent-authority to initiate enquiry against respondent no. 5, namely, Ashwani Kumar Sharma S/o late Gautam Sharma and not to initiate any enquiry against the Samiti on the basis of complaint made by respondent no. 5.

4. Learned counsel for the petitioners states that in the present matter for the same charges, repeated enquiry were being held only to harass the petitioners' Samiti on account of undue influence being exercised by the private respondent, namely, Aswani Kumar Sharma. Learned counsel for the petitioner in support of his submission has placed reliance the interim order dated 4.10.2018 passed in Misc. Bench No. 9918 of 2018 (Purushottam Bagh Co-Operative Housing Society Ltd. thru. Secy. v. State of U.P. Thru. Prin. Secy, Co-Operative) in which the effect and operation of the orders dated 5.2.2018 and 8.2.2018, which were initiated against the society were stayed. Learned counsel for the petitioner lastly states that the for ventilating their grievance, the petitioners have already moved a detailed representations on 9.4.2018 and 16.4.2018 before 2 and 3 respondents but the same have not been decided.

5. Learned Standing Counsel and Sri. Surya Bhan Singh holding brief of Sri. Shiv Nath Singh, Advocate very fairly state that in case the aforesaid representation is still pending, the same shall be considered and decided by the Authority concerned expeditiously.

6. In view of the above, without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, on consent, the writ petition is disposed of finally with a direction to the Housing Commissioner/Registrar Cooperative Housing Society, U.P. Awas Evam Vikash Parishad (second respondent) to look into the grievance of the petitioners and pass appropriate order on the representations moved by the petitioners by speaking order expeditiously, preferably within a period of two months from the date of production of a certified copy of this order before him but certainly after according opportunity of hearing to all the stake holders in the matter.

7. It is made clear that the Court has not expressed any opinion on the merits of the case.