IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI ON THE 2^nd OF NOVEMBER, 2022 WRIT PETITION No. 22023 of 2021 BETWEEN:-

VIVEK DIXIT S/O LATE SHRI ASHOK KUMAR DIXIT OCCUPATION: SERVICE R/O 194 INDUS EMPIRE NAR SHAHPURA P.S. DISTT. BHOPAL M.P. (MADHYA PRADESH)

.....PETITIONER (BY SHRI D. K. KAURAB- ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH THR. ITS PRINCIPAL SECRETARY CO OPERATIVE DEPARTMENT MANTRALAYA VALLABH BHAWAN BHOPAL M.P. (MADHYA PRADESH)

2. JOINT REGISTRAR (JUDICIAL) COPERATIVE SOCIETIES DIVISION BHOPAL (MADHYA PRADESH)

3. DY. REGISTRAR COPERATIVE SOCIETIES D BLOCK OLD SACHIVALAY ABOVE COMMISSIONER OFFICE (MADHYA PRADESH)

4. SHRI SUDHAKAR PANDEY COOPERATIVE INSPECTOR ADMINISTRATOR GAURAV GRIH NIRMAN COPERATIVE SOCIETIES D BLOCK OLD SACHIVALAY ABOVE COMMISSIONER OFFICE (MADHYA PRADESH)

5. NARENDRA SONI S/O SHRI R.P SONI, AGED ABOUT 40 YEARS, H.NO. 327 JHARNESHWAR HOUSING SOCIETY HOSHANGBAD ROAD (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI G. P. SINGH- GOVERNMENT ADVOCATE)

Signature Not Verified SAN (BY SHRI RAVIKANT PATIDAR- ADVOCATE FOR CAVEATOR)

D BU ig R ita M ll A y N signed by VINAY KUMAR This petition coming on for admission and I.R. this day, the court passed the following:

ORDER

Heard finally with the consent of both the parties.

By way of instant petition, the petitioner has challenged the legality, validity and propriety of the order dated 01.10.2021 passed by the respondent No.2, whereby respondent No.2 has set aside the order dated 28.01.2020 passed by the respondent No.3.

Learned counsel for the petitioner submitted that the respondent No.3 vide order dated 28.01.2020 placed the board under suspension for not having the prescribed quorum and appointed Administrator in Gaurav Grih Nirman Co-

operative Society, Bhopal.

At the outset, learned counsel for the respondents raised a preliminary objection with regard to maintainability of the writ petition since efficacious alternative remedy under Section 78(2) of the M.P. Co-operative Societies Act is available to the petitioner to file second appeal before the M.P. State Co- operative Tribunal, Bhopal, which the petitioner has not availed and rushed this Court directly.

Learned counsel for the respondents further informed that the M.P. State Co-operative Tribunal is fully functional. In view of aforesaid, this writ petition may not be entertained and be dismissed on the ground of alternative remedy.

Heard the learned counsel for the parties.

Since, efficacious alternative remedy is available to the petitioner to file a second appeal, this Court is not inclined to entertain this writ petition. However, the petitioner is relegated to avail the statutory alternative remedy available under Signature Not Verified section 78(2) of the M.P. Cooperative Societies Act, if so advised.

SAN Digitally signed by VINAY KUMAR Accordingly, this petition stands disposed of Certified copy as per rules.

(S. A. DHARMADHIKARI)

JUDGE vinay*

Signature Not Verified SAN Digitally signed by VINAY KUMAR