PRATHMIK KRISHI SAAKH SAHKARI SAMITI MARYADIT GUMA v. STATE OF CHHATTISGARH
WPC/1194/2022 · 2025-05-06
Shri Amitendra Kishore Prasad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10420 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10420 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:20960
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1194 of 2022 1 - Prathmik Krishi Saakh Sahkari Samiti Maryadit Guma Registration No. 1589, Through The President, R/o Village And Post - Tendua, Tahsil-Raipur, P.S. Amanaka, District-Raipur Chhattisgarh. 2 - Govind Sharma, S/o Late Shri Ramklilawan Sharma Aged About 56 Years President Prathmik Krishi Saakh Sahkari Samiti Maryadit, Guma, Aged About 56 Years, S/o Late Shri Ramklilawan Sharma, R/o Village And Post - Tendua, Tahsil - Raipur, P.S. Amanaka, District-Raipur Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Co-Operative Societies, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh. 2 - The Secretary, Agriculture Development And Farmer Welfare And Bio-Technology Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, Atal Nagar, District - Raipur Chhattisgarh. 3 - The Registrar Co-Operative Societies, Raipur Block 3, Second And Third Floor, Indravati Bhawan, Naya Raipur, District Raipur Chhattisgarh. 4 - The Deputy Registrar Co-Operative Societies, Raipur, First Floor, Vivekanand Complex, Vivekanand Nagar, Pension Bada, Raipur, District - Raipur Chhattisgarh. 5 - District Co-Operative Bank, Raipur, Through The Chief Executive Officer, Raipur, District - Raipur Chhattisgarh. RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2025.05.12 20:03:59 +0530
2 6 - Administrator/co-Operative Inspector, Office Of Deputy Registrar, Co-Operative Societies, Raipur, First Floor, Vivekanand Complex, Vivekanand Nagar, Pension Bada, Raipur, District Raipur Chhattisgarh. ... Respondent(s) (Cause-title taken from Case Information System) For Petitioners : Ms. Shraddha Mishra, Advocate appears on behalf of Mr. Prateek Sharma,, Advocate For State/Respondent/s : Mr. Praveen Das, Dy. Advocate General Hon'ble Shri Justice
Amitendra Kishore Prasad
Order on Board 07/05/2025
1. Heard Ms. Shraddha Mishra, Advocate appears on behalf of Mr. Prateek Sharma, learned counsel for the petitioner as well as Mr. Praveen Das, learned Dy. Advocate General for the State/respondent/s.
2. By this instant petition, the petitioners have prayed for following relief/s :
“10.1 That, this Hon'ble Court may kindly be pleased to call for entire records pertaining to the case of petitioner, in the interest of justice 10.2 That, this Hon'ble Court may kindly be pleased to set aside the impugned order dated 01.02.2022 (ANNEXURE P/1), issued by respondent no. 4, and direct the respondents to allow the petitioner society to function continuously with all consequential benefits, in accordance with law, in the interest of justice.
10.3 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given.”
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3. At the very outset learned counsel for the respondent-State raised objection that this case itself is not maintainable as there is alternative remedy available under law. According to the return filed by the respondent-State, the aforesaid order has been passed in exercise of statutory power and the said power is appealable under the section 78 of the Chhattisgarh Cooperative Societies Act, 1960. 4. In view of the aforesaid facts as the petitioners are having alternative remedy available to them. 5. Accordingly, this petition is dismissed reserving right of the petitioners to approach before the concerned authority where the remedy lies. If the petitioner approaches before the concerned authorities, the concerned authorities shall decide the same in accordance with law. 6. It is made clear that this Court has not expressed any opinion on the merits of the case. Sd/- (Amitendra Kishore Prasad) Judge Ravi Mandavi