IN THE HIGH COURT OF MADHYA PRADESH

AT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE ANAND PATHAK

ON THE 13^th OF MARCH, 2023

WRIT PETITION No. 5390 of 2023

BETWEEN:-

DEEPAK JAIN S/O SHRI UPENDRA JAIN, AGED ABOUT

31

YEARS, OCCUPATION: PEON, PRATHMIK KRISHI

SAKH

SAHAKARI

SANSTHA

MARYADIT

TIGHRA,

GWALIOR NEAR JAIN TEMPLE, GRAM TIGHRA,

GWALIOR (MADHYA PRADESH)

.....PETITIONER

(BY SHRI ALOK KATARE - ADVOCATE)

AND

1.

THE STATE OF MADHYA PRADESH PRINCIPAL

SECRETARY

VALLABH

BHAWAN,

BHOPAL

(MADHYA PRADESH)

2.

THE REGISTRAR/COMMISSIONER COPERATIVE

SOCIETIES BHOPAL (MADHYA PRADESH)

3.

THE

ASSTT.

COMMISSIONER

COPERATIVE

DISTRICT GWALIOR (MADHYA PRADESH)

4.

ADMINISTRATOR PRATHAMIK KRISHI SAANKH

SAHKARI

SANSTHA

MARYADIT

SANSTHA

TIGHRA GWALIOR (MADHYA PRADESH)

5.

THE MANAGER PRATHAMKIK KIRSHI SAANKH

SAKHARI

SANSTHA

MARYADIT

SANSTHA

TIGHRA GWALIOR (MADHYA PRADESH)

.....RESPONDENTS

(BY SHRI SIRAJ QURESHI - GOVERNMENT ADVOCATE)

This petition coming on for admission this day, the court passed the

following:

ORDER

1

Signed by: APARNA TIWARI

Signing time: 3/16/2023

10:56:19 AM

Signature Not Verified

Present petition is preferred by petitioner under Article 226 of the

Constitution of India seeking following reliefs:-

"(i) That, the present petition filed by the petitioner may kindly be

allowed;

(ii) That, the order dated/letter 20.02.2023 Annexure P/1 passed by

the respondent no. 4 may kindly be directed to be set aside and the

Petitioner may kindly be allowed to continue as Peon in Prathmik

Krishi Sakh Sahakari Sanstha Maryadit Tighra, Gwalior.

(iii) That, any other just, suitable and proper relief, which this

Hon'ble Court deems fit, may also kindly be granted to the petitioner.

Costs be also awarded in favour of the petitioner."

After arguing for a while, when learned Government Advocate was

countered with the availability of alternative remedy as per Section 55(2) of

Madhya Pradesh Cooperative Societies Act, 1960 then learned counsel for the

petitioner seeks withdrawal of this petition with liberty to pursue his other

remedies including the remedy referred above in accordance with law before the

competent Court. However, anxiety raised by learned counsel for the petitioner

in respect of expeditious conclusion of proceedings.

Learned Government Advocate for the respondent/State fairly submits

that if alternative remedy is availed by the petitioner then respondent authority

shall take all steps possible for expeditious disposal of this case.

Prayer noted.

Considering the submissions, petition is disposed of as withdrawn and

needless to say that if petitioner prefers any alternative remedy before the

competent forum under Section 55(2) of Madhya Pradesh Cooperative

Societies Act, 1960 then competent authority shall try to conclude the

proceedings at an expeditious note.

2

Signed by: APARNA TIWARI

Signing time: 3/16/2023

10:56:19 AM

Signature Not Verified

(ANAND PATHAK)

JUDGE

AT

3

Signed by: APARNA TIWARI

Signing time: 3/16/2023

10:56:19 AM

Signature Not Verified