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2009 Supreme(SC) 955

S.B.SINHA, MUKUNDAKAM SHARMA
Naresh Shankar Srivastava – Appellant
Versus
State of U. P. – Respondent


Appearing Advocates:
For the Appearing Parties :Dr. Sumeet Bhardwaj, Ms. P. Dutta, Ms. Mridula Ray Bhardwaj, Manoj Swarup, Ms. Lalita Kohli, Ms. Charu Singhal (for M/s. Manoj Swarup & Co.), Rajesh Srivastava, D.K. Rastogi, Raghvendra P. Singh, Rakesh Dwivedi, Rakesh Kumar Chaudhary, Shantanu Krishna, Anuvrat Prakash, Preetika Dwivedi, Mukti Chowdhary, Rahul Dua, R.K. Gupta, Chandra Prakash Pandey, Abhay Prakash Sahay, Anuvrat Sharma, Kamlendra Mishra, Ms. Asha G. Nair, Ms. Kiran Bhardwaj, D.S. Mahra, Javed Mahmud Rao, Dr. (Mrs.) Vipin Gupta, Advocates.

Judgment :

Dr. Mukundakam Sharma, J.

1. The present appeals arise out of judgment and order dated 10.11.2004 passed by the High Court of Allahabad, Lucknow Bench, Lucknow in Writ Petition No. 5171 of 2002 along with 13 other similar connected writ petitions. Since the common questions are involved in these appeals, the same are being disposed of together with a common judgment.

2. The important legal issues which have arisen for consideration in these appeals are whether after the bifurcation/re-organisation of the State of Uttar Pradesh and creation of the State of Uttaranchal under the U.P. State Re-organization Act, 2000 (hereinafter referred to as the `Re- organisation Act) which was promulgated on 9.11.2000, the affairs of various cooperative societies carrying out their business in both the States at the time of re-organisation shall be governed by the U.P. State Cooperative Societies Act, 1965 (hereinafter referred to as the `UP Act) or by the Multi State Cooperative Societies Act, 1984 (hereinafter referred to as the `Multi-State Act) and whether these societies would automatically become Multi State Cooperative Societies with effect from 09.11.2000 i.e. the date of re-organ

































































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