Chhattisgarh High Court

An available statutory appeal should be pursued before seeking writ relief.

SARKARI KARAMCHARI GRAH NIRMAN SAHKARI SAMITI MARYADIT vs STATE OF CHHATTISGARH

Chhattisgarh High CourtJUDGMENT: October 15, 20261 MIN READSOURCE JUDGMENT
An available statutory appeal should be pursued before seeking writ relief.. SARKARI KARAMCHARI GRAH NIRMAN SAHKARI SAMITI MARYADIT vs STATE OF CHHATTISGARH. Chhattisgarh High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

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. 1

The State objected that an appeal lay before the Joint Registrar under Section 78 of the Chhattisgarh Cooperative Societies Act, 1960

Source reference: para. 2

The petitioners did not oppose the State’s submission on the alternative remedy

Source reference: para. 3
02

Issues

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. 2–4

Whether 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, 4–5
03

Law 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, 4–5

The 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. 2
04

Reasoning

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. 2–4

It did not examine the merits of the impugned order or the requested restraint against interference.

Source reference: no citation
05

Holding

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.
06

Acts & Sections Cited

1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.

Chhattisgarh Co-operative Societies Act, 19601

Chhattisgarh High Court

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SARKARI KARAMCHARI GRAH NIRMAN SAHKARI SAMITI MARYADITvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · October 15, 2026

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