IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No.1689 of 2009. Jai Ballabh Upreti, S/O Late Uma Pati Upreti, R/O Village & Post Billakh, Block Tarikhet, Tehsil Ranikhet, Almora. … Petitioner. Vs. State of Uttarakhand and 4 others. … Respondents. Sri B.S.Adhikari, Advocate, learned counsel for the petitioner. Sri K.P.Upadhyay, learned Additional C.S.C. for respondent nos. 1 and 2. Sri B.P.S.Mer, Advocate holding brief of Sri V.B.S.Negi, Advocate, learned counsel for the respondent no.3 & 4. Date October 20, 2009. P.C.: Hon’ble B.S.Verma, J. Heard learned counsel for the parties and perused the record. By means of this writ petition the petitioner has sought a writ in the nature of mandamus directing respondent nos. 2 and 3 to take a decision on the representation of the petitioner, as per the provisions of Section 27(2) of the Cooperative Societies Act, 2003 and the Rules framed thereunder. According to the petitioner, he is a primary member of primary society Billekh, Block Tarikhet, Almora and is also ordinary member of Almora Dugdh Utpadak Sahkari Sangh. It is alleged by the petitioner that the respondent no.5 is a member of primary society, namely Semilty Block Lamgara, Almora and he is also the ordinary member of the said Dugdh Utpadak Sahkari Sangh. The respondent no. 5 is allegedly found to be a 2 defaulter of amount of Rs.12,284/- of the society, which leads to disqualification on the part of the respondent no.5. According to the petitioner, respondent no.5 cannot be a member of Committee of Management under the Rules. The grievance of the petitioner is that the petitioner had made a representation dated 20-8-2009 jointly to the respondent nos. 2 and 3 but no decision has been taken thereon as yet. Prayer is innocuous. Respondent no. 5 has to be heard before taking decision on the representation made by the petitioner (copy Annexure-3 to the petition). Accordingly, the respondent no. 2 is directed to take a decision on the representation made by the petitioner expeditiously, preferably within a period of two months from the date of production of certified copy of this order, after hearing the respondent no.5 on the issue whether the respondent no. 5 is a defaulter or not. With the above direction, the writ petition is disposed of finally. No order as to costs. All pending applications stand disposed of. (B.S.Verma,J.) RCP 3