DEVIKA URBAN COOPERATIVE BANK LTD TH UMESH MAHAJAN v. UT OF J AND K TH COMMISSIONER SECRETARY, COOPERATIVE DEPARTMENT, JAMMU AND OTHERS
WP(C)/3488/2025 · 2025-12-11
Moksha Khajuria Kazmi
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 10070 (JK) · dailylaw.ai ]
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[ 2025 DAILYLAW 10070 (JK) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
WP(C) No.3488/2025
Devika Urban Cooperative Bank Ltd. .....Applicant(s)/Petitioner(s)
Through :- Mr. Ranjeev Dubey, Advocate.
v/s UT of J&K & Ors. .....Respondent(s)
Through :- Mr. Pawan Dev Singh, Dy.AG.
CORAM: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
ORDER 11.12.2025
01. By this petition, petitioner herein has challenged order dated 26.11.2025, passed by the Registrar, Cooperative Societies, J&K, whereby, three persons have been nominated to the Board of Management of Devika Urban Cooperative Bank Ltd. Udhmapur, which, as per the petitioner, is in complete violation of the Jammu and Kashmir Cooperative Societies Act, 1989.
02. Mr. P.D. Singh, learned Dy.AG for respondent Nos.1 & 2 was directed to seek instructions with respect to the maintainability of the instant petition.
03. Mr. Singh states that in terms of Section 158 of the Jammu and Kashmir Cooperative Societies Act, 1989, petitioner-Bank has a remedy of filing an appeal before the Tribunal. He has further stated that, in terms of the notification dated 01.11.2025, the Cooperative Tribunal has been constituted by the Government. He further states that since the petitioner has an alternate efficacious remedy of filing an appeal before the Tribunal, as such, this petition is not maintainable. Sr. No. 83
2
04.
Learned counsel for the petitioner has vehemently argued that the impugned order, passed by respondent No.2-Registrar Cooperative Societies dated 26.11.2025, is not appealable.
05. Be that as it may, in view of the statement made by Assistant Registrar, Cooperative Societies, Mr. Akhilesh Sharma, present in the Court, who states that the only remedy available to the petitioner is to file an appeal under Section 158 of the Jammu and Kashmir Cooperative Societies Act, 1989, learned counsel for the petitioner seeks withdrawal of the writ petition with a liberty to file an appeal before the Tribunal in terms of Section 158 of the Jammu and Kashmir Cooperative Societies Act, 1989. Hence, the present petition is dismissed as withdrawn along with connected application(s) with the liberty as prayed for.
(Moksha Khajuria Kazmi) Judge
JAMMU 11.12.2025 Eva