Punjab-Haryana High Court
Rupinderdeep Kaur vs Registrar, Cooperative Societies, ... on 11 November, 2024
Author: Suvir Sehgal
Bench: Suvir Sehgal
Neutral Citation No:=2024:PHHC:146265
CWP-14132-2010
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IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
106
CWP-14132-2010
Date of decision: 11.11.2024
RUPINDERDEEP KAUR ....Petitioner
Versus
REGISTRAR, COOPERATIVE SOCIETIES, U.T. & ORS. ...Respondent
CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL
Present : Mr. H.K. Aurora, Advocate
for the petitioner.
Mr. M.K. Dogra, Addl. Standing Counsel
U.T. Chandigarh with
Mr. Deepak Malhotra, Standing Counsel
for respondent No.1.
SUVIR SEHGAL. J.(Oral)
1. This writ petition has been filed under Articles 226/227 of the Constitution of India, inter alia for issuance of a writ in the nature of certiorari, quashing the impugned order dated 18.05.2010 (Annexure P-1) passed by the Joint Registrar Cooperative Societies, UT Chandigarh and Resolution dated 20.11.2006 (Annexure P-2) passed by the Society-respondent No.3.
2. Counsel for the petitioner has been confronted with the remedy of revision available to the petitioner under Section 69 of the Punjab Cooperative Societies Act, 1961, (for short 'The Act') as applicable to UT, Chandigarh. He has placed reliance upon a judgment of a Co-ordinate Bench of this Court in Sukhdev Singh and Another Vs. State of Punjab and Others (2017) 02 P&H CK 0271 to submit that as the writ petition has been pending for the last more than one 1 of 2 ::: Downloaded on - 17-11-2024 03:51:09 ::: Neutral Citation No:=2024:PHHC:146265 CWP-14132-2010
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3. In their response filed by the respondents, a specific objection has been taken that the petitioner has failed to avail the alternative remedy under Section 69 of the Act.
4. Having heard counsel for the parties, this Court is of the opinion that no exceptional case has been made out for not exhausting the revisional remedy, which is efficacious. Petitioners cannot be permitted to by-pass the alternate statutory remedy and approach this Court under Article 226 of the Constitution.
5. Accordingly, writ petition is dismissed.
6. Petitioner may, however, if so advised avail the remedy of the revision petition before the competent authority.
7. As the writ petition is pending before this Court since August 2010, in case, the petitioner avails the remedy of revision petition within a period of 30 days from today, the revisional authority shall entertain the petition and decide it on merits.
(SUVIR SEHGAL)
11.11.2024 JUDGE
amandeep
Whether speaking/reasoned. : Yes/No
Whether Reportable. : Yes/No
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