Madhya Pradesh High Court
Chairman Ajay Kumar Singh Umariya Kalri ... vs Principal Secretary The State Of Madhya ... on 24 January, 2014
1
W.P. No. 660 Of 2014
24.1.2014
Shri Sandeep Singh, learned counsel for petitioner.
Ms. Manjeet S. Chuckal, Panel Lawyer for respondent State of
M.P. on advance notice.
Heard.
Challenge putforth in this petition is to an order dated 17.12.2013 passed by Assistant Registrar, Cooperative Societies, Umaria in exercise of power under Section 49 (8) of Madhya Pradesh Cooperative Societies Act, 1960.
Learned counsel for the petitioner does not dispute that against such order appeal lies under Section 78 of the 1960 Act.
Since an alternative statutory remedy is available to the petitioner, this Court refrain to entertain the petition under Article 226 of the Constitution of India with liberty to the petitioner to avail the remedy of appeal under Section 78 of the Act, 1960.
In case an appeal is preferred within a period of 15 days from today, the appellate authority shall dwell upon the merit rather throw it over board on the ground of limitation as the petition was preferred within the period of limitation. Petitioner would also be at liberty to file an application for interim relief and same be considered in accordance with law.
It is made clear that this Court has not expressed any opinion on the merit.
The petition stands disposed of finally in above terms.
C.c. as per rules.
(SANJAY YADAV) JUDGE Vivek Tripathi