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Judgment
Justice Rajiv Sharma, Judge
Petitioners had approached this Court by way of CWP No. 7727/2011. The same was decided on 22.9.2011 and the petitioners were permitted to file an appeal before the Appellate Authority. Thereafter, an appeal was preferred by the petitioners before the Appellate Authority. The Appellate Authority allowed the appeal on 17.1.2012. Private respondent No. 4 filed a revision before the Principal Secretary (Cooperation). The Principal Secretary (Cooperation) passed order on 23.2.2012 whereby he has stayed the operation of the order passed by the Appellate Authority on 17.1.2012 though he has held that revision was not maintainable once the remedy of appeal has already been exhausted by the party. The reason assigned by the Principal Secretary (Cooperation) to grant the stay was that the Registrar, Cooperative Societies was on official tour on account of assembly elections of U.P. This could not be a sufficient ground to grant interim stay. The Principal Secretary (Cooperation) had no authority/jurisdiction to stay the operation of the appellate order. He has exceeded his jurisdiction. The statutory authorities must exercise their powers within the domain of law. Consequently, the order passed by him whereby he has stayed the impugned order dated 17.1.2012 passed by the Joint Registrar (Marketing) Cooperative Societies is declared non est.
Accordingly, the writ petition is allowed. Annexure A-4 dated 23.2.2012 is quashed and set aside. It shall be open to the private respondent No. 4 to avail remedy against the order dated 17.1.2012 in accordance with law. It is also made clear in the interest of justice that as and when private respondent approaches the competent authority, he shall decide the matter within a period of twelve weeks wholly uninfluenced by the order dated 23.2.2012. Pending application(s), if any, also stands disposed of. No costs.