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Judgment
Atnreshwar Pratap Sahi, J.—Heard learned Counsel for the petitioner and Shri K. N. Mishra, learned Counsel for the respondents.
Shri K. N. Mishra points out that, as a matter of fact, the Urban Cooperative Banks are now excluded from the purview of the applicability of the 1975 Regulations. For this, he has produced a copy of the notification dated 17.11.2009, which is quoted below :
Uttar Pradesh Shasan
Sahkarita Anubhag-1
In pursuance of the provisions of Clause (3) of Article 348 of Constitution, the Governor is pleased to order the publication of the following English translation of Notification No. 482/49-1-09-8 (335)/08. dated 17.2.2009.
No. 482/49-1-09-8 (335)/08
Lucknow : Dated 17.2.2009
To exercise of the powers under Sub-section (1) of Section 122 of the Uttar Pradesh Cooperative Societies Act, 1965 (U.P. Act No. XI of 1966), read with Rule 389A of the Uttar Pradesh Co-operative Societies Rules, 1968 and Section 21 of the Uttar Pradesh General Clauses Act, 1904 (U.P. Act No. 1 of 1904), the Governor is pleased to make the following amendment in Government Notification No. 366-C/XII-C-3-36-71, dated 4.3.1972:
Amendment
In the aforesaid notification in para 1 of the words, " U.P. Co-operative Housing Federation and Urban Co-operative Banks" the words "U.P. Co-operative Housing Federation" shall be substituted.
In view of the aforesaid position, the present writ petition cannot be entertained at this stage, unless and until, the petitioner approaches the Registrar, Cooperative Societies u/s 128 and any orders are passed thereon.
Accordingly, the writ petition is not maintainable. The petitioner may approach the Registrar u/s 128 of the Co-operative Societies Act, 1965.
With the aforesaid observations, the writ petition is dismissed.