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CHARAN PAL SINGH AND OTHERS versus DISTRICT MAGISTRATE/COLLECTOR, BAREILLY AND OTHERS

High Court of Judicature at Allahabad

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Charan Pal Singh And Others v. District Magistrate/Collector, Bareilly And Others - WRIT - C No. 71546 of 2005 [2005] RD-AH 6123 (22 November 2005)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon. S. K. Singh, J.

Heard learned counsel for the petitioner and learned State Counsel.

Challenge in this petition is the impugned notice dated 1.10.2005 issued by the respondent no. 3 (annexure no. 1 to the writ petition) and the citation issued by the respondent no. 2 and to quash the entire recovery proceedings. Submission of the learned counsel for the petitioner is that no amount against the petitioner can be said to be due and in fact the notice/proceeding has been issued/started on wrong facts.

Be as it may, this Court is of the view that  petitioner has effective alternative statutory remedy as provided under U.P. Co-operative Societies Act 1965, hereinafter referred to as the Act. Section 71 of the Act speaks about reference in respect to the disputed fact as has been raised by the petitioner in this petition. Section 71(3) confers  power on Registrar or before whom the dispute has been referred to grant interim protection, pending decision of the dispute. Of course it is for the authority to examine the facts and pass orders for which no command can be given by this court.  In view of the aforesaid as petitioner has raised various disputed questions of fact in this petition it will be in the ends of justice to relegate the petitioner to approach the concerned competent authority as provided under the Act.

For the aforesaid reasons this court declines to accept the prayer as made in this petition and thus writ petition is dismissed in the light of the observation as made above.

21.11.2005.

SKS

71546/2005


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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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