Shri Santosh Agrawal v. State of Chhattisgarh & Othere

Shri Santosh Agrawal, S/o Late Shri R.D. Agrawal, Aged about - 42 years, R/o - 33 Doongaji Colony, Raipur (C.G.) RESPONDENTS o fp^'^^' ^ ^a^> ^.^•^ o^^ ^^-}^l _ ^" ..'••"' ^\ \^" ^•^^>y' ..^•"' ^°' ^ r-M% VERSUS

#4. State of Chhattisgarh, Through: The Secretary, Cooperative Department, D.K.S. Mantralaya, Raipur, District - Raipur (C.G.). Bhawaa, The Registrar, Cooperative Societies, Telibandha, Ring Road, SethiVma, Raipur (C.G.) Dy. Registrar, Cooperative Societies, Near Zila Panchayat Ofiice, G.E. Road, Raipur (C.G.) Agroha Grihnirman Sahakari Samiti Maryadit, Through: Its President Shri Santosh Agrawal (fhe Society is presently under Suspension), Agrasen Nagar, Riag Road Chowk, Mahadev Ghat, Raipur, (C.G.) WRIT APPEAL UNDER RULE 157 (10) OP THE HIGH COURT OF CHHATTISGARH RULES AGAINST THE ORDER DT. 07/11/06 PASSED BY SINGLE BENCH OF THE HIGH COURT OF JUDICATURE, AT BILASPUR The appellant most respectfully states as under:- HIGH COURT OF JUDICATURE CHHATTISGARH : BILASPUR DIVISIONBJNCl-T CORAM : HON'BLE SHRI H.L DATTU.CJ & HON'BLE SHRI V.K. SHRIVASTAVA, J. WRIT APPEAL N0. 33 OF 2007 APPELLANT Shri Santosh Agrawal Versus RESPONDENTS State of Chhattisgarh & Othere -\i.-. Present: Shri Gautam Bhaduri, counsel for the appellant. Shri N.K. Agrawal, E)y. Advocate General for the State. ORAL ORDER (Passed on 26th February, 2007) The following oral order of the Court was passed by H.L Dattu, CJ. This appeal is fited against the order passed by th®teamed Singte Judge in W.P.No.4056/2006on 7-11-2006. By the impugned order, the learned Single Judge has declined to entertain ttiis writ petjtion solely on the ground ttiat ttie petitioner has an altemate and effective remedy provided underthe statute itself. 2) Facts in brief are: The appellant before us was the PresidQnt of fourth respondent society. The fourth respondent had issued a show cause notice to the appellant to show cause why action should not be taken agair®tthe appellant, for the alleged acte of omissions and commissions said to have been committed by him. The appellant had filed his reply by letter dated 25-7-2006 denying the allegations made in the show cause --2-- notice. The Deputy Registrar, Cooperative Societies, thereafter h% passed an order dated 24-7-2006 by way of an interim measure. 3) Aggrieved by the said order, the appellant ted preferred writ petition before this Court in W.P.No.4056/2006. 4) The learned Singte Judge has rejected ttie writ peftition on the c:non' ground, that if for any reason the petitioner is aggrieved by the order passed by the Deputy Registrar, Cooperative Societies, the same is appellable as provided under Section 77 of the Chhatti^arh Cooperative Societies Act, 1960. 5) The writ remedy is an extraordinary remedy provided to a citizen. If a statute provtdes an altemate, effective and efficacious remedy, a dtizen cannot bypass that remedy and appr<»cdithis Couit for relief under Article 226 of the Constitution. Keeping Ihis aspect of the matter in view, the learned Single Judge has rejected the writ petition. 6) We have carefully gone through ttie oKter passed by the jearned Single Judge and the statutory provisions. Section 77 ef the Chhattisgarh Cooperative Societies Act, 1960 provides an appeat remedy against the orders passed by the Deputy Registrar, Cooperative Sodeties. In our opinion, without exhausting the ssdd remedy, the petitioner could not have filed the wrM: petition before this Court. In that view of ttie matter, while concurring with the findings and the conclusions reached by the learned Single Judge, WQ reject ttijs ^(v^it appeal. 7) Ordered accordingly. Sd/- Chief Justice Sd/- V.K.Shrivastava Judge