Himachal Pradesh High Court
No.261 vs The Registrar on 6 October, 2021
Bench: Ajay Mohan Goel
IN THE HIGH COURT OF HIMACHAL PRADESH,
SHIMLA
ON THE 6th DAY OF OCTOBER, 2021
.
BEFORE
HON'BLE MR. JUSTICE AJAY MOHAN GOEL
CIVIL MISC. PETITION MAIN (ORIGINAL) No.226 of
2021
Between:
VINAY KAPOOR, S/O GOPAL
KISHAN KAPOOR, R/O HOUSE
NO.261, DEFENCE COLONY,
VILLAGE CHHATWAL, P.O.
JANDWAL, TEHSIL &
DISTRICT PATHANKOT-
145001, PUNJAB.
....PETITIONER.
(BY SHRI SANJEEV BHUSHAN, SENIOR ADVOCATE, WITH MR.
RAJESH KUMAR, ADVOCATE)
AND
1. THE REGISTRAR
COOPERATIVE SOCIETIES,
HIMACHAL PRADESH,
SHIMLA-09.
2. THE KANGRA CENTRAL
CO-OPERATIVE BANK
LIMITED, THROUGH ITS
MANAGING DIRECTOR, HEAD
OFFICE DHARAMSHALA,
DISTRICT KANGRA-176215,
H.P.
....RESPONDENTS.
(BY SHRI ASHOK SHARMA, ADVOCATE GENERAL, MR.
ADARSH SHARMA, MR. SANJEEV SOOD, ADDITIONAL
ADVOCATES GENERAL AND MR. KAMAL KANT CHANDEL,
DEPUTY ADVOCATE GENERAL, FOR RESPONDENT NO.1.
NONE FOR RESPONDENT NO.2)
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2
Whether approved for reporting?1 No
This petition coming on for admission this day, the Court passed the
following:
.
JUDGMENT
When this case was taken up for consideration, learned
Additional Advocate General submits that as the order impugned is
the one passed by the Registrar, Cooperative Societies, against it,
there is a statutory remedy available to the petitioner by way of filing
of the Revision Petition under the provisions of Section 94 of the H.P.
Cooperative Societies Act, 1968.
2.
Having perused the impugned order as well as the
provisions of Section 94 of the H.P. Cooperative Societies Act, 1968,
this Court is also of the view that the petitioner has approached this
Court without availing the statutory remedy of revision. Therefore,
there is no merit in the objection taken by the learned Additional
Advocate General. Besides this, the Court has serious doubt as to
whether even otherwise this petition is maintainable under Article
227 of the Constitution of India.
3. At this stage, learned Senior Counsel appearing for the
petitioner, on instructions, submits that the petitioner may be
permitted to withdraw this petition, with liberty to avail the said
statutory remedy.
4. Petition is permitted to be withdrawn, with liberty to the
petitioner to approach the Revisional Authority concerned, as prayed
for.
.
5. Learned Senior Counsel for the petitioner submits that
the Revisional Authority may be directed to take into consideration
the application filed for interim relief, if any, by the petitioner.
Ordered accordingly.
6. Learned Senior Counsel for the petitioner has informed
the Court that now the inquiry proceedings are ordered for next
week, but the petitioner has met with an accident and as he will not
be in a position to attend the same, he may be exempted from
appearing in the said proceedings.
7. Petitioner is permitted to inform the Inquiry Officer of
his having met with an accident and he be exempted from appearing
before the Inquiry Officer for the next date of hearing so fixed as
from today.
8. Petition stands disposed of accordingly, so also pending
miscellaneous applications, if any.
Copy dasti.
October 06, 2021 (Ajay Mohan Goel)
(rishi) Judge
