SHRAMDEEP APARTMENTS AVAS SAMITI Vs. NAVIN KUMAR GARG

JUDGEMENT

(1.) Vide order dated 29th July, 2005, while disposing of the writ petition (Writ Petition No. 4772 (MB) of 2005), filed by the petitioner, the Division Bench of this Court directed the opposite party to the said writ petition, to complete the enquiry and hold the election of the Committee of Management as early as possible within a period of 2 months from the date the order was passed. So far as with regard to the appointment of the Administrator, the Bench observed that the said appointment should be made strictly in accordance with law in the light of various judgments pronounced by this Court.

(2.) The submission of the learned Counsel for the petitioner is that the copy of the aforesaid order was served on opposite party on 1.8.2005, who in exercise of powers conferred under Section 29(5) of the U.P. Cooperative Societies Act, 1965, (hereinafter to be referred to as 'Act'), on 6.8.2005, appointed Sub-Divisional Magistrate, Gautam Budh Nagar, as Administrator.

(3.) The only submission advanced by the learned Counsel for the petitioner is that while passing the order appointing the Administrator, the opposite party had not made any reference to the judgments mentioned in the order dated 29.7.2005, which act according to him is a wilful and deliberate disobedience and violation of the said order.