Ganga Mahila Machua Sahkari Samiti, Dongargaon v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2252 of 2019 Ganga Mahila Machua Sahkari Samiti, Dongargaon Through Its President Sarita Dhemar W/o Promod Dhemar, R/o Bodhitola, Ward No. 11 Dongargaon, Tehsil Dongargaon, District Rajnandgaon Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through Its Secretary, Department Of Cooperative Society, Mahanadi Bhawan, Atal Nagar District - Raipur Chhattisgarh.

2. Registrar Cooperative Societies Chhattisgarh, Head Office, Indravati Bhawan, Block B , Third Floor, Atal Nagar, District Raipur Chhattisgarh.

3. Adarsh Machua Sahkari Samiti, Dongargaon, Having Registration No. D. R. G. / 1946, Through Its President, Kailash Dhemar S/o Gullu Dhemar, Age About 44 Years, R/o Dongargaon, Tehsil Dongargaon, District Rajnandgaon Chhattisgarh.

---- Respondents For Petitioner :

Shri Parag Kotecha, Advocate For Respondent/State :

Shri Rahul Jha, G.A.

Hon'ble Shri Justice Goutam Bhaduri Order On Board 08/07/2019

1. Heard

2. The order under challenge in the present petition is 29/04/2019 passed by Registrar, Chhattisgarh Co-operative Societies, under the Co-operative Societies Act, 1960 (hereinafter referred to as "the Act , 1960").

3. Perusal of the document shows that Section 78 (2) of the Act, provides for alternative remedy to file second appeal which would lie before the tribunal

constituted under the Act, 1960. Since the Tribunal is already operational herein in the Chhattisgarh, the petitioner may very well avail this remedy by filing a second appeal before the Tribunal. Under the circumstances, I am not inclined to invoke the jurisdiction of Article 226 of Constitution of India. The petitioner shall have the liberty to file a second appeal if so advised.

4. With aforesaid observation the petition stands disposed of.

5. Registry is directed to return the certified copy of the order Annexure P-2 after retaining photo copy of the same.

Sd/- Goutam Bhaduri Judge Jyoti