Dismissed¶28

Govind Yadav v. State of Chhattisgarh

Chhattisgarh HC7 Aug 2025WPS/243/2022

Case brief

AI extract

What is this about?

WPS No. 243 of 2022, Chhattisgarh High Court (Bilaspur), Rakesh Mohan Pandey, J., 08.08.2025: writ petition seeking certiorari against order dated 08.01.2022 of Authorized Officer, Adim Jati Seva Sahkari Samiti Maryadit, Kerakachhar transferring additional charge of Manager to computer operator Rohit Khuntiya; held not maintainable - no writ lies against a cooperative society; alternative remedy under Chhattisgarh Cooperative Societies Act, 1960; petition dismissed with liberty to seek remedies under law; merits (no hearing, incompetent authority) left unadjudicated.

What did the court decide?

Liberty to the petitioner to avail the remedy available under the law ¶28

Govind Yadav Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

2025:CGHC:39927

NAFR

SMT NIRMALA RAO

HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 243 of 2022

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1 - Govind Yadav S/o Parmanand Yadav Aged About 48 Years R/o Village Ludeg, P.S. Ludeg Tahsil Pathalgaon District Jaspur(C.G.)

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... Petitioner(s)

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versus

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1. State Of Chhattisgarh Through The Secretary, Department Of Bhawan, Mantralya, Naya Raipur (C.G.) 2. The Registrar, Co-Operative, Raipur (C.G.) 3. Assistant Registrar, Co-Operative Societies Distt. Jaspur (C.G.) 4. Collector Jaspur (C.G.)

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5. Authorized Officer, Adim Jati Seva Sahkari Samiti Maryadit, Kerakachhar, Registration No. 130 Tehsil Pathalgaon, District Jashpur Chhattisgarh, District : Jashpur, Chhattisgarh

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6. Rohit Khuntiya, Compurter Operator, Co-Operative Society, Maryadit, Kerakachhar, Tehsil, Pathalgoan, Dist. Jaspur (C.G.)

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... Respondent(s)

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For Petitioner : Ms. Renu Kochar, Advocate. For Respondent/State : Shri Vedant Shadangi, P.L.

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Hon'ble Shri Justice Rakesh Mohan Pandey

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Order on Board

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08.08.2025

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The petitioner has filed this petition seeking the following reliefs:-

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“10.1 That the Hon'ble Court may kindly be pleased to issue a writ in the nature of certiorari and quash the order dated 08.01.2022 (Annexure P/1) in the interest of justice.

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10.2 That this Hon'ble court may be further pleased to pass any other consequential and other orders/ writs which this Hon'ble court deems just and proper in the facts and circumstances of the case.”

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Learned counsel for the petitioner would submit that the petitioner was appointed in 2004 as a Manager of the Cooperative Society Marayadit, Tamta. The petitioner was given additional charge as a Manager of the Cooperative Society, Kerakhachar, vide order dated 31.10.2020. By the impugned order dated 8.1.2022, respondent No. 5 directed that the additional charge of the Manager of the Cooperative Society of Kerakhachar be handed over to respondent No. 6, who was a computer operator. It is further submitted that the disciplinary action was taken against the petitioner without affording him an opportunity of hearing, and the order was passed by an incompetent authority, which had no jurisdiction to take the disciplinary action against the petitioner. Hence, this petition.

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On the other hand, learned counsel for the respondents would oppose the submissions made by counsel for the petitioner. He would submit that the petitioner has directly approached this Court without availing the statutory efficacious alternative remedy available under the Chhattisgarh Cooperative Societies Act, 1960. He would further submit that the petitioner ought to have first challenged the impugned order before the Assistant/Deputy Registrar, Cooperative Societies, followed

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by the Joint Registrar/Registrar, Cooperative Societies. Therefore, the

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instant petition is not maintainable.

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I have heard learned counsel for the parties and perused the documents present on the record.

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Considering the fact that the present petition against the Cooperative Society is not maintainable and no writ can be issued against the cooperative society, the petition is dismissed. However, the petitioner would be at liberty to avail the remedy available under the law.

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Sd/-

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(Rakesh Mohan Pandey)

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Judge

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Nimmi

Govind Yadav v. State of Chhattisgarh

Case brief

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Govind Yadav v. State of Chhattisgarh

Case brief

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