Baljit Singh vs The Registrar Cooperative ...
2021 Latest Caselaw 737 P&H

CWP No.4237 of 2021                                                        -1-

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  HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH


                                          CWP No.4237 of 2021
                                          Date of decision:23.02.2021

Baljit Singh                                                        ... Petitioner
                                      Versus
The Registrar, Cooperative Societies, Punjab and others          ... Respondents

CORAM : HON'BLE MR.JUSTICE G.S. SANDHAWALIA

Present:       Mr. D.V. Sharma, Senior Advocate, with
               Mr. Harit Sharma, Advocate, for the petitioner.

           (The proceedings were conducted through video
           conferencing, as per instructions.)
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G.S. Sandhawalia, J. (Oral)

In the present writ petition, filed under Articles 226/227 of the

Constitution of India, the petitioner challenges the order dated 15.02.2021

(Annexure P-18), whereby the Joint Registrar, Cooperative Societies, Patiala

Division, Patiala has removed the petitioner from the Board of Directors of

the Sangrur, District Cooperative Milk Producers Limited, Sangrur, as he

found some serious allegations against him.

Admittedly, against the said order dated 15.02.2021, an appeal

lies under Section 68(2)(c) of the Punjab Cooperative Societies Act, 1961

(hereinafter referred to as the "Act") to the Registrar, Cooperative Societies,

Punjab.

In such circumstances, the Court is of the opinion that since an

alternative efficacious remedy is available to the petitioner, therefore, the

extraordinary writ jurisdiction cannot be invoked by him. In this regard,

reference can be made to the judgment rendered by the Apex Court in United

Bank of India Vs. Satyavati Tandon and others, 2010(8) SCC 110.

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Faced with this situation, counsel for the petitioner does not

press the present writ petition and prays for liberty to file an appeal before the

Registrar, Cooperative Societies, Punjab.

In view of the above, the present writ petition is dismissed as

withdrawn and the liberty aforementioned is granted. If the appeal is filed

within a period of three days from today, the Appellate Authority shall decide

the stay application within a period of one week thereafter.

                                                     (G.S. SANDHAWALIA)
February 23, 2021                                            JUDGE
vinod*

             Whether speaking/reasoned:                        Yes/No
             Whether Reportable:                               Yes/No




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