High CourtsSingle Bench(2021) 10 UK CK 0171

Dev Ashish Sarkar vs State Of Uttarakhand & Others

Uttarakhand High Court · Decided on 27 October 2021

HON’BLE JUDGES
Manoj Kumar Tiwari, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (M/S) No. 2111 Of 2021

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Judgment

9 paragraphs · 227 words

Manoj Kumar Tiwari, J

1.

Impleadment application (IA No. 2 of 2021) is allowed.

2.

Learned counsel for the petitioner is directed to file amended memo of parties during the course of the day.

3.

Petitioner has challenged the orders dated 02.03.2021 and 09.03.2021 passed by Registrar, Cooperative Societies, Uttarakhand.

4.

By the said order, Registrar, by invoking power available under Section 74-B of Uttarakhand Cooperative Societies Act, 2003 has allotted land belonging to Sanyukt Sahkari Kheti Samiti Ltd. Singhniwala, to four different persons.

5.

Mr. Pawan Mishra, learned counsel for respondent no. 5 and Mr. Siddhartha Jain, learned counsel for respondent no. 4 & newly impleaded respondent has raised preliminary objection that the order passed by Registrar is revisable before State Government under Section 99-C of Uttarakhand Cooperative Societies Act, 2003.

6.

Mr. Bhuwan Bhatt, learned counsel for the petitioner does not dispute the submission made on behalf of the respondents.

7.

Since the statutory remedy of filing revision is available to the petitioner, therefore, this Court is not inclined to entertain this writ petition.

8.

Accordingly, the writ petition is dismissed on the ground of alternative remedy with liberty to the petitioner to file revision before the Competent Authority. If petitioner files revision before the State Government within two weeks from today, the same shall be heard and decided on merits as early as possible.