NARAYAN SHUKLA,J. - (1.) HEARD Dr.L.P.Mishra, learned counsel for the petitioner, Mr.Amit Bose and Mr.Rakesh Srivastava, learned counsels for the opposite parties as well as learned Standing Counsel.
(2.) BEING aggrieved with the order dated 3rd of February, 2010, passed by the Cooperative Tribunal, State of U.P., Lucknow, the petitioner has preferred the present writ petitions. By means of order impugned the Cooperative Tribunal has set aside the order dated 7th of September, 2005, passed by the Deputy Registrar, Cooperative Societies, State of U.P., Lucknow being without jurisdiction.
(3.) BRIEFLY the facts of the case are that initially the petitioner was registered as a Primary Cooperative Society under the Cooperative Societies Act, 1912. After enactment of U.P. Cooperative Societies Act, 1965 (hereinafter referred to as the U.P.Act), it was registered as a Primary Cooperative Society under the said Act by virtue of Section 131 (1) of the U.P. Act. In the year 1984 the Multi Cooperative Societies Act, 1984 (Central Act), which is akin to the U.P. Cooperative Societies Act, 1965, was enacted with the object to govern the Cooperative Societies, which are functioning in more than one State. The petitioner was functioning in the whole State of U.P. under the U.P.Act. Owing to enactment of the Reorganization Act, 2000 and carving out a new State i.e. State of Utteranchal, the Central Government created a new Utteranchal postal Circle for the State of Utteranchal by means of notification dated 15th of January, 2001. The subject of notification is "Creation of New Postal Circle viz Utteranchal subsequent to the formation of new Utteranchal State." It provides that in pursuance of the Directorate memo No.30-10/2001-P.E.-II dated 12.1.2001 the approval of Hon'ble President of India is hereby conveyed for creation of New Postal Circle viz Utteranchal by converting the existing Regions in those areas carved out of U.P. Circle. It further provided that the Head quarters of New Utteranchal Postal Circle will be Dehradun and the Head quarter of existing U.P. Postal Circle will continue to be the same i.e. Lucknow. By the same very notification the jurisdiction of newly created Utterachal Postal Circle and jurisdiction of existing U.P.Circle was bifurcated. Thus both the circles started functioning in their respective areas.;