Court No. - 18 Case :- WRIT - A No. - 46390 of 2010 Petitioner :- Kishori Lal Respondent :- State Of U.P. And Others Petitioner Counsel :- K. K. Shukla,Rajendra Kumar Yadav Respondent Counsel :- C. S. C. Hon'ble Arun Tandon,J.
Notice has been accepted by the Standing Counsel on behalf
of all the respondents.
This writ petition has been filed seeking quashing of the order
of the Registrar, Cooperative Societies dated 05th April, 2010
whereunder the appeal filed by the petitioner against an order
of punishment has been rejected on the ground that it has
been preferred after two years of the issuance of the order of
punishment.
Counsel for the petitioner submits that against the order of
the Assistant Registrar inflicting the punishment, which
referred to an order of the District Magistrate dated
24.12.2007, he was ill advised to file an appeal before the
Commissioner of the Division. The appeal was presented on
06.02.2008 and was ultimately rejected on 06th January,
2010. He, therefore, submits that in the facts of the case it
cannot be said that the petitioner was not pursuing his
remedy or he was negligent in that regard. There was some
mistake in choosing the forum.
In the opinion of the Court the petitioner is entitled for the
exclusion of the period spent in pursuing the remedy before
the Commissioner.
In the facts and circumstances of the case, I am of the
opinion that no purpose would be served by keeping the writ
petition pending, as interest of substantial justice would be
served by providing that the appeal be treated to be within
time and restored to its original number. The Registrar may
consider and decide the appeal on merit, preferably within
three months from the date a certified copy of this order is
filed before him. It is ordered accordingly. The order dated
05th April, 2010 is set aside.
Writ petition is disposed of.
Dated : 06.08.2010
VR/46390/10