2025:HHC:5920 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 3426 of 2025 Decided on: 12.03.2025 Shri Raj Kumar and another .…Petitioners Versus State of Himachal Pradesh and others …Respondents Coram The Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 For the petitioners : M/s Gurdev Negi and Mukesh Sharma, Advocates. For the respondents : Mr. Pushpender Jaswal, Addl. AG with Mr. Rajat Chauhan, Law Officer for respondents No. 1 to 4. : Notice not issued to respondent No. 5. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioners have primarily prayed for the following reliefs:- “A. That this Hon'ble Court may kindly be pleased to issue an appropriate Writ in the nature of Certiorari, whereby the impugned administrative order dated 28.02.2025 vide Annexure P/1, passed by the respondent No.2 may kindly be quashed and set-aside. 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:5920 B. That further this Hon'ble Court may kindly be pleased to pass a direction, whereby restricting the respondents departments to take cognizance and passing of any order on the issue of double membership until the final adjudication of this CWP No. 202/ 2023, title as Raj Kumar & others Versus State of Himachal Pradesh & Others.” 2. A perusal of order Annexure P-1 demonstrates that Registrar Cooperative Societies, Himachal Pradesh, in terms of this order dated 28.02.2025, on a representation that was received qua an order passed by ARCS, Solan, dated 18.02.2025, held as under:- “This is with reference to the representation received from Smt. Raj Kumari on 24/02/2025 in this office against letter/order dated 18/02/25 issued by the Assistant Registrar Co-operative Societies Solan through which Assistant Registrar Co-operative ODA Societies Solan have passed an order to stop the allotment of work in case of dual membership in Mangal Land Loosers and effected Transport cooperative Society Having gone through the representation, it is observed that this office order appears to have been 20 based on the order dated 26.12.2017 passed by the then Assistant Registrar, 3 2025:HHC:5920 Cooperative Societies, Solan which order was subsequently challenged in appeal and the Appellate' Authority quashed it vide order dated 06.07.2022. Both the original order dated 26.12.2017 of the Assistant Registrar Co-operative Societies Solan and the appellate order dated 06.07.2022 are presently under judicial scrutiny in CWP no. 202 of 2023 before the Hon'ble High Court. In addition to this there is a contempt petition pending before Honb'le High court which pertains to implementation of the order dated 26.12.2017 passed by the then Assistant Registrar, Cooperative Societies, Solan which was clubbed with CWP no. 202 of 2023 and matter is still subjudice. Further, any action regarding implementation or non-implementation of statutory orders rests within the purview of the management of the Society and needs to be decided by the authorities in accordance with legal provisions not through statutory action and statutory. action is required to be taken strictly within the bounds of the law and any application or representation from the concerned parties must be dealt through the appropriate legal framework, rather than through an administrative command. Being an 4 2025:HHC:5920 Administrative order the office order dated 18/02/25 lacks legal validity. In view of the above, you are hereby directed to withdraw the office order dated 18.02.2025 till further order/direction received from Hon’ble High Court.” 3. Having heard learned Counsel for the petitioner and having perused the pleadings as well as documents appended therewith, this Court is of the considered view that the present writ petition is not maintainable for the reason that the petitioner has an alternative statutory remedy against the order that has been passed by the Registrar, Cooperative Societies under Section 94 of the H.P. Co- operative Societies, Act, 1968. 4. Section 94(1) of the Act reads as under:- “94. Review and revision.- (I) The State Government except in a case in which an appeal is preferred under section 93 may call for and examine the record of any inquiry or inspection held or made under this Act or any proceedings of the Registrar or of any person subordinate to him or acting on his authority, and may pass thereon such orders as it thinks fit.” 5 2025:HHC:5920 5. In terms of the statutory scheme of the Act, the State Government, except in a case in which an appeal is preferred under Section 93, may call for and examine the record of inter alia any proceedings of the Registrar or of any person subordinate to him or acting on his authority. 6. In the present case, it is not the case that someone has preferred an appeal against the order passed by the Registrar. That being the case, as the order passed by the Registrar can be assailed by way of a revision under Section 94(1) of the H.P. Cooperative Societies Act, this Writ Petition is dismissed on the ground that the petitioner has not availed the statutory remedy available to him in law, with liberty to avail the same. The petition stands disposed of in above terms, so also pending miscellaneous application(s), if any. (Ajay Mohan Goel) March 12, 2025 Judge (narender)