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Indisputably, no prayer was made in the writ petition for appointment of an Administrator. Ordinarily, a Court would allow a statutory functionary to perform its statutory function. We have noticed hereinbefore that the Registrar of the Cooperative Societies in no uncertain terms had stated before the High Court that it could not earlier initiate any inquiry in the matter as a stay order was operating and as the said order of stay was vacated, an inquiry would be instituted by it.

The learned Single Judge did not apply his mind in regard to the said statements of the Registrar. He relied upon the purported inspection report of the RBI, treating the same to be sacrosanct. Even the necessary ingredients for passing an interim order were not taken into consideration.

Ordinarily, the statutory functionaries alone can perform their statutory functions and the court cannot arrogate to itself the functions of the statutory authority vide G. Veerappa Pillai v. Raman Ltd. [AIR 1952 SC 192], State of U.P. v. Raja Ram Jaiswal [(1985) 3 SCC 31], U.P. State Road Transport Corporation and Another v. Mohd. Ismail and Others [(1991) 3 SCC 239], S.B. Vohra (supra), Arun Nathuram Gaikward (supra) etc. Only in case of inaction on their part and in rare and exceptional cases, the Court can exercise its jurisdiction in such cases. This is not a case where the Registrar of the Cooperative Societies refused or neglected to take any action. It could not do so in view of an interim order passed against it. The interest of the Bank could have been safeguarded by passing other orders; even the Registrar should have permitted to look into the matter and pass an appropriate order. The manner in which the impugned order had been passed by the learned Single Judge betrays fairness. It not only directed appointment of an Administrator but he was asked to take over the affairs of the Cooperative Bank on the same day.