Madhya Pradesh High Court
Ramakant Shukla vs The State Of Madhya Pradesh on 26 October, 2015
W.P.No.17012/2015
26.10.2015
Shri N.K. Tiwari, learned counsel for the petitioner.
The petitioner is aggrieved by the action of respondents
in not accepting the dispute raised by the petitioner under Section 55(2) of the M.P. Cooperative Societies Act (hereinafter referred to as the Act for brevity). According to the petitioner, in terms of order dated 3.6.2015, earlier dispute was refused to be entertained, against which the petitioner filed a writ petition before this Court being W.P.No.10724/2015, which was disposed of with a liberty to the petitioner to prefer an appeal as provided under the law and the appellate authority was directed to decide the said appeal expeditiously. Though such an appeal has been preferred by the petitioner, but the same is not being considered. Therefore, the present writ petition is required to be filed.
It is seen that the earlier application under Section 55(2) read with Section 67(1) of the Act was filed by the petitioner before the Joint Registrar, Cooperative Societies, Rewa Division, Rewa, who passed the order on the said application on 3.6.2015. If that was the situation, in fact, the order passed by the said authority became appealable in terms of provisions of Section 78 of the said Act before the Cooperative Tribunal or the competent appellate authority. Instead of filing such an appeal, it appears that a fresh application was filed by the petitioner before the Deputy Registrar, Cooperative Societies, Singrauli, which application was not being entertained. Therefore, this writ petition.
Whatever the circumstances, it is necessary on the part of the Deputy Registrar, Cooperative Societies, Singrauli, to take action in accordance to law and in case such an application is not maintainable, pass orders on the said application, within a period of six weeks from the date of receipt of certified copy of the order passed today.
With the aforesaid, the writ petition stands disposed of.
(K.K.Trivedi) Judge A.Praj.