Facts
The petitioners challenged an order of the Deputy Registrar, Cooperative Societies, seeking its quashing and a direction restraining the respondents from interfering with the Society’s affairs
Source reference: para. 1The State objected that an appeal lay before the Joint Registrar under Section 78 of the Chhattisgarh Cooperative Societies Act, 1960
Source reference: para. 2The petitioners did not oppose the State’s submission on the alternative remedy
Source reference: para. 3Issues
Whether the petitioners should pursue the statutory appellate remedy under Section 78 of the Chhattisgarh Cooperative Societies Act, 1960, instead of obtaining relief in the writ petition?
Source reference: paras. 2–4Whether the Court should grant the requested relief against the impugned order and the respondents’ alleged interference with the Society’s affairs?
Source reference: paras. 1, 4–5Law Applied
Section 78 of the Chhattisgarh Cooperative Societies Act, 1960 provides an appellate remedy before the Joint Registrar, which the petitioners may pursue in accordance with law.
Source reference: paras. 2, 4–5The State also relied on the general principle that writ jurisdiction is discretionary where an alternative remedy is available, citing Transport & Dock Workers Union v. Mumbai Port Trust, (2011) 2 SCC 575; however, the Court did not separately analyse or apply that precedent.
Source reference: para. 2Reasoning
In light of the State’s specific objection that an appeal was available before the Joint Registrar under Section 78, and the petitioners’ non-opposition to that submission, the Court considered it appropriate for them to pursue the statutory remedy.
Source reference: paras. 2–4It did not examine the merits of the impugned order or the requested restraint against interference.
Source reference: no citationHolding
The Court disposed of the writ petition without adjudicating its merits and reserved liberty to the petitioners to approach the concerned appellate authority by filing an appeal in accordance with law.
Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Chhattisgarh Co-operative Societies Act, 19601
Original Court PDF
SARKARI KARAMCHARI GRAH NIRMAN SAHKARI SAMITI MARYADITvsSTATE OF CHHATTISGARH
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