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2024 Supreme(Online)(MP) 16478

HIGH COURT OF MADHYA PRADESH
Atul Sanghi S/O Shri Omprakash Sanghi Through Power Of Attorney Shri Om Prakash Sanghi – Appellant
Versus
The State Of Madhya Pradesh – Respondent


Advocates:
Vikram Dubey,Advocate General

ORDER

Heard on the question of admission.

2 . This writ appeal under Section 2 of the Madhya Pradesh Uccha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 has been filed being aggrieved by the order dated 09.02.2024 passed in Writ Petition No.2694/2024, wherein the learned Single Judge has declined to entertain the writ petition on the ground that the appellant is having an alternative remedy under Section 32 of the Madhya Pradesh Society Registrikaran Adhiniyam, 1973 with the liberty to avail the remedy under the aforesaid Act.

3 . Learned counsel for the appellants submitted that learned Single Judge erred in directing to avail the alternative remedy under the MP. Society Registrikaran Adhiniyam, 1973, since the respondent No.5 has been registered under the Madhya Pradesh Co-operative Societies Act, 1960, which is evident from Annexure-P-2 (Page No.24). 4. In view of the aforesaid, since the learned Single Judge has not dealt upon the merits of the case and has not considered the case in light of Madhya Pradesh Co-operative Societies Act, 1960, the order impugned dated 09.02.2024 passed in Writ Petition No.2694/2024 is hereby set-aside. The matter is remained

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