# Ram Pal Singh v. Sachiv Garavpur Kisan Sewa Sahakari Samiti Ltd. and others

- **Citation:** (2002) 3 ILRA 698
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2001-11-07
- **Case number:** Civil Misc. Writ Petition No. 36875 of 2002
- **Bench:** S.P. Mehrotra
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/ram-pal-singh-v-sachiv-garavpur-kisan-sewa-sahakari-samiti-ltd-and-others-39976
- **Pages:** 3

## Headnote

Cooperative Societies Act- Section 128-
the Registrar within the meaning of
section 2 (r) read with section 3 of the
Act has power to annal any resolution
passed
by
the
committee
of
management, or the general body of the
cooperative society. Under clause (ii) of
section 128 of the Act, the Registrar has
power to cancel any order passed by an
officer of the cooperative society.

Held in para 12

In view of this, the petitioner may seek
appropriate relief under section 128 of
the U.P. Cooperative Societies Act, 1965
against the said order dated 26.7.2002
and the resolution dated 18.7.2002
referred to in the said order dated
26.7.2002.
The
writ
petition
is,
therefore, liable to be dismissed on the
ground of availability of an alternative
remedy to the petitioner. The writ
petition is accordingly dismissed on the
ground of alternative remedy.

## Text

http://www.allahabadhighcourt.nic.in
698 INDIAN LAW REPORTS ALLAHABAD SERIES [2002
material on the basis of which the
petitioner's firearm licence may continue
for revocation and also there is no
ground is existence to continue for
revocation of the petitioner's fire arm
licence. In this view of the matter, the
orders passed by the licensing authority
as
well
as
the
appellate
authority
deserve to be quashed and are hereby
quashed.

(Delivered by Hon'ble Anjani Kumar, J.)

1. By means of the present writ
petition
under
Article
226
of
the
Constitution of India, petitioner has
challenged the order passed by the
licensing authority under the provisions of
the Arms Act, whereby the licensing
authority has cancelled the fire arm
license of the petitioner and on appeal, the
appellate authority met with the same fate
and that is why this writ petition.

2. Heard learned counsel appearing
on behalf of the petitioner and the learned
Standing
Counsel
representing
the
respondents.

3. A perusal of the orders passed by
the licensing authority as well as by the
appellate authority clearly demonstrate
that since the petitioner was involved in a
criminal case under section 307 IPC and
SC/ST Act, which has been registered as
case crime no. 294 of 1996, his license
has been cancelled. Learned counsel for
the petitioner has filed a supplementary
affidavit, wherein he has annexed a
certified copy of the judgment and order
dated 7.11.2001 as Annexure SA-1,
passed in Sessions Trial No. 677 of 1998,
out of Case crime no. 294 of 1996. A bare
reading of the aforesaid judgment would
make it clear that the petitioner has been
acquitted of the charges, which have been
levelled against him. In this view of the
matter, now there is no material on the
basis of which the petitioner's fire arm
licence may continue for revocation and
also there is no ground in existence to
continue for revocation and also there is
no ground in existence to continue for
revocation of the petitioner's fire arm
licence. In this view of the matter, the
orders passed by the licensing authority as
well as the appellate authority deserve to
be quashed and are hereby quashed.

4. In view of what has been stated
above, this writ petition is allowed. The
impugned orders dated 27.12.1997 and
7.7.1999 passed by Respondents 2 and 1,
respectively (annexure 2 and 1 to the writ
petition) are hereby quashed. In case the
petitioner's gun has been deposited
pursuance to the cancellation of his
licence, the same may be returned
immediately to the petitioner. Needless to
say that the petitioner is entitled for
renewal of his licence. However, on the
facts and circumstances of the case, the
parties shall bear their own costs.
---------
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 4.9.2002

BEFORE
THE HON'BLE S.P. MEHROTRA, J.

Civil Misc. Writ Petition No. 36875 of 2002

Ram Pal Singh

...Petitioner
Versus
Sachiv, Garavpur Kisan Sewa Sahakari
Samiti and others
 ...Respondents

Counsel for the Petitioner:
Sri Rajiv Gupta

Counsel for the Respondents:
S.C.
http://www.allahabadhighcourt.nic.in
3 All] Ram Pal Singh V. Sachiv Garavpur Kisan Sewa Sahakari Samiti Ltd. and others
699
Cooperative Societies Act- Section 128-
the Registrar within the meaning of
section 2 (r) read with section 3 of the
Act has power to annal any resolution
passed
by
the
committee
of
management, or the general body of the
cooperative society. Under clause (ii) of
section 128 of the Act, the Registrar has
power to cancel any order passed by an
officer of the cooperative society.

Held in para 12

In view of this, the petitioner may seek
appropriate relief under section 128 of
the U.P. Cooperative Societies Act, 1965
against the said order dated 26.7.2002
and the resolution dated 18.7.2002
referred to in the said order dated
26.7.2002.
The
writ
petition
is,
therefore, liable to be dismissed on the
ground of availability of an alternative
remedy to the petitioner. The writ
petition is accordingly dismissed on the
ground of alternative remedy.

(Delivered by Hon'ble S.P. Mehrotra, J.)

1. This writ petition has been filed
by the petitioner under Article 226 of the
Constitution
of
India,
interalia,
challenging the order of termination dated
26th July 2002 (Annexure no. 1 to the
writ petition.).

2. From the allegations made in the
writ petition, it appears that a surprise
inspection of Kisan Sewa Sahkari Samiti
Ltd. Garavpur was made by the District
Assistant Registrar, Sahkari Samiti, UP
Phule
Nagar,
respondent
no.4
on
6.9.2001. The inspection report dated
6.9.2001 was submitted in this regard by
the said District Assistant Registrar,
Sahkari Samiti U.P. Jyotiba Phule Nagar,
respondent no. 4. A copy of the said
inspection report dated 6.9.2001 has been
filed as annexure no. 2 to the writ petition.

3. Thereafter, a charge sheet dated
24.12.2001 was served on the petitioner
by
the
Secreary/Enquiry
Officer,
Garavpur, Kisan Sewa Sahkari Samiti
Limited, Tehsil Hasanpur, district Jyotiba
Phule Nagar. A copy of the said charge
sheet dated 24.12.2001 has been filed as
annexure no. 3 to the writ petition.

4. It further appears that the
petitioner submitted his reply dated
23.1.2002 to the said charge sheet. A copy
of the said reply dated 23.1.2002 has been
filed as annexure no. 5 to the writ petition.

5. In the meanwhile, it appears that
an FIR dated 29.1.2002 under sections
420/409 IPC was also lodged against the
petitioner.

6. It appears that the enquiry officer
after considering the said reply dated
23.1.2002 submitted by the petitioner
found the charges against the petitioner to
be proved.

7. Thereafter, the order dated
26.7.2002
was
passed,
interalia,
terminating the services of the petitioner.
A copy of the said order dated 26.7.2002
has been filed as annexure no. 1 to the
writ petition.

8. The said order dated 26.7.2002,
inter alia, mentioned that a resolution
dated 18.7.2002 had been passed in the
matter of the petitioner.

9. I have heard learned counsel for
the
petitioner
and
learned
standing
counsel representing respondent no. 3 and
4.

10.

Having
considered
the
submissions made by the learned counsel
http://www.allahabadhighcourt.nic.in
700 INDIAN LAW REPORTS ALLAHABAD SERIES [2002
for the parties, I am of the opinion that the
petitioner has got an alternative remedy
under section 128 of the U.P. Cooperative
Societies Act, 1965 (in short the Act). The
said section 128 of the Act provides as
follows:

"Registrar's power to annual resolution of
a cooperative society or cancel order
passed by an officer of a cooperative
society in certain cases- The Registrar
may-
(i) annual any resolution passed by the
committee of management or the general
body of any cooperative society, or
(ii) cancel any order passed by an officer
of a cooperative society.

if he is of the opinion that the resolution
or the order, as the case may be , is not
covered by the objects of the society , or
is in contravention of the provisions of
this Act, the rules or the bye laws of the
society, whereupon every such resolution
or
order
shall
become
void
and
inoperative and be deleted from the
records of the society."

11. In view of the provisions of
clause (i) of Section 128 of the Act, the
Registrar within the meaning of section 2
(r) read with section 3 of the Act has
power to annual any resolution passed by
the committee of management, or the
general body of the cooperative society.
Under clause (ii) of section 128 of the
Act, the Registrar has power to cancel any
order passed by an officer of the
cooperative society.

12. In view of this, the petitioner
may seek appropriate relief under section
128 of the U.P. Cooperative Societies
Act, 1965 against the said order dated
26.7.2002
and
the resolution
dated
18.7.2002 referred to in the said order
dated 26.7.2002.

13. The writ petition is, therefore,
liable to be dismissed on the ground of
availability of an alternative remedy to the
petitioner. The writ petition is accordingly
dismissed on the ground of alternative
remedy.

14.

In
case,
the
petitioner
approaches the Registrar under section
128 of the U.P. Cooperative Societies
Act, 1965, the Registrar will decide the
matter expeditiously.
---------
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 1.8.2002

BEFORE
THE HON'BLE RAKESH TIWARI, J.

Civil Misc. Writ Petition No. 36661 of 1995

Ram Dayal Gupta

...Petitioner
Versus
District Inspector of Schools, Firozabad
and another

 ...Respondents

Counsel for the Petitioner:
Sri Prakash Gupta

Counsel for the Respondents:
S.C.

Service Book- Date of Birth entered in
service book is authentic for the purpose
of superannuation. Impugned notice
quashed and direction given to pay
retirement benefit.

Held Para 6

It is settled law that the date of birth
recorded in the service book has to be
taken as authentic for the purpose of
superannuation.
The
petitioner
had