Punjab-Haryana High Court
Nawanshahr Central Coop. Bank Ltd vs Deputy Registrar ( Enfrocement), Coop. ... on 17 August, 2015
Author: Amol Rattan Singh
Bench: Amol Rattan Singh
CWP No.9515 of 2011 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH.
CWP No.9515 of 2011
Date of decision: 17.8.2015
The Nawanshahr Central Cooperative Bank Ltd.
... Petitioner
vs
Deputy Registrar (Enforcement), Cooperative Societies, Punjab,
Chandigarh, and another
... Respondents
CORAM: HON'BLE MR. JUSTICE AMOL RATTAN SINGH.
Present: Mr.D.V.Sharma, Sr.Advocate, with
Ms.Eshjyot Walia, Advocate,
for the petitioner
Mr.Suvir Sehgal, Addl.AG, Punjab
for respondent No.1.
Ms.Jagdeep Bains, Advocate,
for respondent No.2
...
AMOL RATTAN SINGH, J. (Oral)
Undoubtedly, there is a power of revision vested in the competent authority under Section 69 of the Punjab Cooperative Societies Act, 1961. In fact, the Supreme Court, in Ishwar Singh vs. State of Rajasthan and others, 2005(1) SCT 525, while considering a pari materia provision of the Rajasthan Cooperative Societies Act, 1965, has held that a second revision petition would lie to the Government, where the first revision petition has been decided by an authority subordinate to the Registrar, as a delegatee of the Registrar.
In the present case, the petitioner-Bank has not availed of PRAVEEN KUMAR 2015.08.19 11:20 I attest to the accuracy and integrity of this document CWP No.9515 of 2011 2 the alternative remedy of even the first revision petition.
Hence, declining to entertain the present petition under Article 226, in view of the alternative remedy available, the matter is remitted to Government for consideration, in exercise of powers conferred under Section 69 of the Punjab Cooperative Societies Act, 1961.
The writ petition is disposed of.
17.8.2015 (AMOL RATTAN SINGH)
pk JUDGE
PRAVEEN KUMAR
2015.08.19 11:20
I attest to the accuracy and
integrity of this document