Neutral Citation No. - 2025:AHC:16847-DB AFR Reserved Court No. 3 Case :- WRIT - C No. - 6744 of 2019 Petitioner :- The Mechanical Department Primary And Another Respondent :- Union Of India And Another Counsel for Petitioner :- Satyawan Shahi,Shashi Ranjan Srivastava,Sri Shashi Nandan(Senior Advocate)

Counsel for Respondent :- A.S.G.I.,Adya Prasad Tewari,Gaurav Gautam,Ramesh Chandra Pandey,Sanjeev Kumar,Sheo Shankar Tripathi Hon'ble Anjani Kumar Mishra,J.

Hon'ble Jayant Banerji,J.

(Per: Hon’ble Jayant Banerji, J.)

1. The array of parties in this petition is as follows:- “1. The Mechanical Department Primary Co-operative Bank Limited, North Eastern Railway, Gorakhpur through its Secretary Mr. Balwant Kumar Shahi.

2. Mr. Balwant Kumar Shahi son of Late Prasiddh Narain Shahi Secretary, The Mechanical Department Primary Co-

operative Bank Ltd., North Eastern Railway, Gorakhpur.

……………..PETITIONERS VERSUS

1. Union of India through Secretary, Ministry of Agriculture & Co-operative, Government of India, New Delhi.

2. Central Registrar, Co-operative New Delhi/Joint Secretary, Government of India Krishi Bhawan New Delhi.

3. Reserve Bank of India through its Manager, 8-9 Vipin Khand, Gomti Nagar, Lucknow.

..………..RESPONDENTS.”

2. This writ petition has been filed seeking the following reliefs:-

“I. Issue a writ, order or direction in the nature of certiorari quashing impugned order dated 26.12.2018 passed by Central Registrar, Co-operative New Delhi/Joint Secretary Government of India Krishi Bhawan, New Delhi/respondent no.2 (Annexure no.20 to the writ petition).

II. Issue a writ, order or direction in the nature of mandamus commanding Central Registrar, Co-operative New Delhi/Joint Secretary, Government of India, Krishi Bhawan, New Delhi/respondent no.2 to treat the petitioners’ bank registration in Multi State Co-operative Societies Act, 2002.”

3. The petitioner No. 1¹ is stated to have been registered under the Cooperative Societies Act, 1912² on 31.5.1919 bearing registration No. 275 and at that point of time, the petitioner-bank was named “The Mechanical Department Credit Society Ltd. Gorakhpur”. It is stated that time to time, necessary amendments were made in the years 1962-1966. Again amendment was done on 3.5.1973 by the Central Registrar Co-operative Societies, U.P. Lucknow, whereby the name of the petitioner-bank became Mechanical Department Primary Co-operative Bank Ltd. In 1982, the Reserve Bank of India granted licence to the petitioner-bank under Section 23 read with Section 56(p) of the Banking Regulation Act, 1949³ to open an office at Izzat Nagar, District Bareilly apart from Gorakhpur for working and functioning of the petitioner-bank.

4. The petitioner-bank has sought to demonstrate its being subjected to regulatory control under the Multi-State Cooperative Societies Act, 1984⁴ by the respondent no.2 by stating that a letter dated 14.3.1997 was sent by the Registrar of the Cooperative Societies, U.P. Lucknow to the Joint Secretary/Central Registrar on the subject of prior approval of supersession of governing body of the petitioner-bank under Section 48 of the Act, 1984; a reminder letter dated 31.3.1997 was again issued. Thereafter, the respondent no.2, Central Registrar issued a letter dated 2.4.1997 to the Registrar Cooperative Societies, U.P. conveying his approval to initiate action against the Board of Directors of the petitioner-bank under Section

1 petitioner-bank

2 Act, 1912 3 B.R. Act 4 Act, 1984

48 of the Act, 1984. By an order dated 10.4.1997, the respondent no.2, Central Registrar superseded the petitioner-bank and appointed a Board of Administrators comprising of three administrators to administer the affairs of the petitioner-bank. The petitioner-bank then filed a writ petition No. 43087 of 1998 which was disposed of by a judgment and order dated 18.1.1999.

5. It is stated that it was held by this Court in the aforesaid writ petition of 1998 that the Board of Administrators was legally put in office; it was directed, inter