Judgment:
1 W.P.No.15383/2007 Sarvar Umar Khan versus M.P.State C-operative Tribunal & ORS.06.11.2012 Shri Pushpendra Yadav, learned counsel for the petitioner.
Heard on the question of admission and interim relief.
The learned counsel for the petitioner submits that in view of the Division Bench decision of this Court rendered in the case of Ahsan-Ur-Rehman versus The M.P.State Co-operative Tribunal & Another, I.L.R (2011) M.P.886, the petitioner be permitted to assail the impugned order dated 29.11.2006 passed by the Dy.
Registrar, Co.operative Societies, Bhopal before the M.P.State Co.operative Tribunal as this Court has held that the remedy against the order passed by the Dy.
Registrar in appeal under section 19(1-C) of the M.P.Co-operative Societies Act, 1960 lies before the Tribunal and not before the Joint Registrar.
In view of the aforesaid submission of the learned counsel for the petitioner and the Division Bench decision of this Court in the case of Ahsan- Ur-Rehman (supra) the impugned order passed by the Tribunal is hereby affirmed and the liberty granted by it is reiterated.
The petition, filed by the petitioner, is accordingly disposed of with liberty to the petitioner 2 W.P.No.15383/2007 Sarvar Umar Khan versus M.P.State C-operative Tribunal & ORS.to approach the Tribunal against the impugned order passed by the Dy.
Registrar, Co-operative Societies and in case the petitioner files an appeal before the Tribunal against the order passed by the Dy.
Registrar, Co-operative Societies within twenty five days alongwith a copy of the order passed today and a copy of the petition, the same shall not be dismissed only on the ground of limitation but shall be heard and decided on merits in accordance with law.
With the aforesaid liberty and observation, the petition filed by the petitioner stands disposed of.
C.C as per rules.
( R.S.JHA ) JUDGE mms/-