Court No. - 43
Case :- WRIT - A No. - 6453 of 2019 Petitioner :- Radharaman Respondent :- State Of U.P. Through Its Secretary Cooperative, Lucknow And 7 Others Counsel for Petitioner :- Prabhakar Awasthi Counsel for Respondent :- C.S.C.,Ram Gopal Tripathi
Hon'ble Ashwani Kumar Mishra,J.
This petition is directed against an order dated 20.2.2019, contained in Annexure-11 to the writ petition, passed under Section 68(2) of the U.P. Cooperative Societies Act, 1965. Various aspects are highlighted to challenge the order itself.
A preliminary objection, however, is taken by the learned Standing Counsel as well as Sri R.G. Tripathi on behalf of respondents that a statutory alternative remedy of appeal is available to the petitioner against the order impugned under Section 98 of the U.P. Cooperative Societies Act, which has not yet been availed.
When the matter was taken up yesterday, learned counsel for the petitioner submitted that the Tribunal itself is not functioning. Sri Satyam Singh, learned Standing Counsel has obtained specific instructions in that regard from the concerned authority and a statement is made before the Court to the effect that the Tribunal has been constituted and is functioning.
Once the petitioner has a statutory alternative remedy of approaching the Tribunal, there would be no occasion for this Court to enter into issues as are being raised by the petitioner in this petition, without availing the alternative remedy. In case such an appeal is preferred within a period of two weeks from today, the same shall be entertained on merits in accordance with law.
With the aforesaid observations, this writ petition stands disposed of.
Order Date :- 26.4.2019 n.u.