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2025 DAILYLAW 10667 (CHH)

AYODHYA BANJARE v. STATE OF CHHATTISGARH,

WPC/1644/2021 · 2025-03-18

Shri Rakesh Mohan Pandey

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Judgment text

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1 2025:CGHC:12872 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1644 of 2021 • Ayodhya Banjare S/o Mohanlal Banjare, Aged About 38 Years Working As Society Incharge, Prathmik Krishi Sakh Sahkari Samiti Maryadit Damakheda, District Baloda Bazar - Bhatapara, District : Balodabazar- Bhathapara, Chhattisgarh ... Petitioner Versus 1. State Of Chhattisgarh, Through Secretary, Department Of Cooperative, Mahanadi Bhavan, Mantralaya, Atal Nagar, Naya Raipur, District : Raipur, Chhattisgarh 2. Chief Executive Officer, Jila Sahkari Kendriya Bank Maryadit, Raipur, District : Raipur, Chhattisgarh 3. Managing Director, Chhattisgarh Markfed, District : Raipur, Chhattisgarh 4. Jila Vipnan Adhikari, C.G. Rajya Sahkari Vipnan Sangh, Baloda Bazar, District : Balodabazar-Bhathapara, Chhattisgarh ... Respondents For Petitioner For Respondent No. 1 : : Mr. Tapan Chandra, Advocate holding the brief of Mr. T.K. Jha, Advocate Mr. Lav Sharma, Panel Lawyer For Respondent No. 2 For Respondents No. 3 & 4 : : Mr. Manas Bajpai, holding brief of Mr. Sandeep Dubey, Advocate Mr. Chetan Singh Chouhan, holding the brief of Mr. Ashish Surana, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 18/03/2025 1. The petitioner has filed this petition against notice issued by the Chief Executive Officer, District Cooperative Central Bank Limited, Raipur Digitally signed by RAMESH KUMAR VATTI 2 dated 03.12.2020 whereby the petitioner has been held liable for deficiency of paddy of 138.18 quintal amounting to Rs.25,05,94.89/-. The petitioner challenged the said notice by filing instant petition. 2. Learned counsel for the petitioner would argue that the notice issued by the authority concerned was without jurisdiction and no opportunity of hearing was afforded. 3. On the other hand, learned counsel appearing for the respondents would submit that the petitioner has efficacious alternative remedy to challenge that order by raising a dispute under Section 64 of the Chhattisgarh Cooperative Societies Act. 4. Heard learned counsel for the parties. 5. Taking into consideration the fact that the writ petition is filed against the Cooperative Society and there is efficacious alternative remedy, in my opinion, this petition is not maintainable and accordingly, same is hereby dismissed. 6. The petitioner would be at liberty to avail the remedy available under the law. 7. In view of the above, interim order dated 16.09.2021 is hereby vacated. Sd/- (Rakesh Mohan Pandey) Judge vatti