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SRI MAHARAJ SINGH versus STATE OF U.P. THRU' PRINCIPAL SECRETARY COOPERATIVE & ORS.

High Court of Judicature at Allahabad

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Sri Maharaj Singh v. State Of U.P. Thru' Principal Secretary Cooperative & Ors. - WRIT - C No. 13196 of 2006 [2006] RD-AH 5825 (9 March 2006)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

COURT NO. 34

CIVIL MISC. WRIT PETITION NO. 13196 OF 2006

Sri Maharaj Singh       -------------    Petitioner              

Versus.

State of U.P. & Ors.        -------------  Respondents

_________

Hon'ble Dr. B.S. Chauhan, J.

Hon'ble  Dilip Gupta, J.

This writ petition has been filed  for quashing the impugned orders dated 15.9.2005 and 22.10.2005, passed by the District Assistant Registrar, Cooperative Societies, U.P. Jhansi Region, Jhansi in exercise of his powers under Section 128 of the U.P. Cooperative Societies Act, 1965 (hereinafter referred to as the Act 1965).

Learned counsel for the petitioner has submitted that the impugned orders are without jurisdiction as such powers can be exercised only by the Registrar of the Co-operative Societies, and therefore, the same are liable to be quashed.

Learned Standing Counsel, appearing for the respondents has vehemently opposed the petition submitting that the powers of the Registrar can also be exercised by any person who has been authorised by the State to exercise any of the powers of the Registrar, and therefore, the petition is liable to be dismissed. More so, any order passed by the authority under Section 128 of the Act 1965 is appealable under Section 98 (n), and thus, petitioner has approached this Court without exhausting the statutory remedy of appeal and therefore the petition is liable to be dismissed.

We have considered the rival submissions made by the learned counsel for the parties and perused the record.

Section 3 (1) of the Act 1965 provides that the State Government may appoint a person to be the Registrar of the Cooperative Societies of the State. Sub-section (2) thereof, provides that the State Government may for the purpose of this Act also appoint other persons to assist the Registrar by a general or special order conferring on him all or any of the powers of the Registrar, and sub-section (3) thereof reads further that in case the order has been passed in sub-section (2) of Section 3, such an order shall be deemed to conferring upon such appointee all the powers under the Act 1965. Therefore, it is clear that the State Government is competent to confer upon any person the powers of the Registrar under the Act 1965. The petitioner does not say that the authority who has passed the order has not been conferred upon such powers. In absence  of such pleadings we are not inclined to entertain the petition.

More so, Section 98 (n) of the Act 1965 provides that any order passed under Section 128 is appealable under Section 98. No explanation has been furnished as to how the petitioner has approached this Court without exhausting the statutory remedy of appeal.

In view of the above, we are not inclined to interfere in the matter. Petition stands dismissed with the liberty to the petitioner to approach the appellate forum if he is so advised. In case such an appeal is filed, we request the appellate authority to consider the appeal in accordance with law, without being influenced by any observation made by us herein above, and considering the issue of limitation.

9.3.2006

AKSI


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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