B.S. Sohi S/O Gurdev Singh vs Additional Registrar (I) on 9 February, 2012

[Cites 1, Cited by 2]

Punjab-Haryana High Court

B.S. Sohi S/O Gurdev Singh vs Additional Registrar (I) on 9 February, 2012

Bench: K. Kannan

C.W.P. No.14189 of 2010                                        -1-

     IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT
                            CHANDIGARH
                               C.W.P. No.14189 of 2010
                               Date of Decision.09.02.2012

B.S. Sohi s/o Gurdev Singh                           .....Petitioner
                                   Versus

Additional Registrar (I), Cooperative Societies, Punjab, Chandigarh and
others                                           .....Respondents

2.          C.W.P. No.14235 of 2010

Gurjit Singh s/o Gurdial Singh                       .....Petitioner
                                   Versus

Registrar, Cooperative Societies, Punjab, Chandigarh and others
                                                .....Respondents

3.          C.W.P. No.14236 of 2010

Gurmail Singh, FO (retd) s/o Shri Darbara Singh and others
                                                .....Petitioners
                                  Versus

Additional Registrar, Cooperative Societies (I), Punjab, Sector 17,
Chandigarh and others                        .....Respondents

4.          C.W.P. No.14249 of 2010

Vinod Kumar s/o Manohar Singh                                  .....Petitioner
                                   Versus

Joint Registrar (Planning), Cooperative Societies, Punjab, 17 Bays
Building, Sector 17, Chandigarh and others
                                            .....Respondents
Present: Ms. Jagdeep Bains, Advocate
          for the petitioner.

            Mr. B.S. Chahal, DAG, Punjab.

            Mr. Vikas Kumar, Advocate
            for respondent Nos.2 and 3.

CORAM:HON'BLE MR. JUSTICE K. KANNAN
1.     Whether Reporters of local papers may be allowed to see the
       judgment ? No
2.     To be referred to the Reporters or not ? No
3.     Whether the judgment should be reported in the Digest? No
                                       -.-
 C.W.P. No.14189 of 2010                                   -2-

K. KANNAN J.(ORAL)

1. The issue covered in the above four writ petitions is maintainability of an action for revision under the Cooperative Societies Act before the Government after the disposal has been made under the relevant Rules or Bye-laws of a Cooperative Society by an Appellate Authority. The issue has been considered by a Full Bench of this Court in Jasbir Singh and others Vs. Commissioner (Appeals) Jalandhar Division and others Vol.CLXIII (2011-3) PLR 545.

2. Learned counsel for the respondents contests the position and states that the said judgment will not apply. This Court had also an occasion to consider the same and I have held that in terms of the judgment, revision is possible before the Government and the statutory remedy cannot be said to be ousted by a provision of appeal under the relevant Rules or Bye-laws of the Cooperative Society.

3. All the writ petitions are disposed of and the petitioners shall be at liberty to challenge the impugned order by means of revisions to the Government. The petitioners will be at liberty to approach the Government by means of revision and if the same is filed within a period of two weeks from the date of receipt of copy of this order, they shall be received and considered on merit in accordance with law without taking any objection as to issue of limitation.

(K. KANNAN) JUDGE February 09, 2012 Pankaj*

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