Rupinderdeep Kaur vs Registrar, Cooperative Societies, ...
2024 Latest Caselaw 19947 P&H

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

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Neutral Citation No:=2024:PHHC:146265

CWP-14132-2010

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decade, the petitioner may not be relegated to the remedy of revision petition.

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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