- (1.) Heard Sri H.R. Mishra, learned Senior Advocate assisted by Sri Neeraj Pandey, learned counsel for the petitioner and Sri Chandra Shekhar Singh, learned Additional Chief Standing Counsel for the State-respondents.
(2.) Petitioner-Tajpur Krishi Utpad Virpan Sahkari Samiti Ltd., Tajpur Mafi, Vikash Khand and District Moradabad (hereinafter referred to as the petitioner's society) has filed this writ petition against the order of the Deputy Registrar, Cooperative Societies, U.P. Moradabad Division, Moradabad dated 31st October, 2014, where-under the registration of the petitioner's society has been cancelled in exercise of powers under Section 76 of the U.P. Cooperative Societies Act, 1965 (hereinafter referred as the "Act, 1965"). The order is challenged on the ground that the same was not preceded by any order under Section 72/73 of Act, 1965 for winding up of the cooperative society and therefore, in view of the judgement of this Court in the case of Krishi Upaj Evam Vipdan Samiti Ltd. vs. State of U.P. & Another (Civil Misc. Writ C No. 59668 of 2012) decided on 7th November, 2013, no order under Section 76 of Act, 1965 should have been made.
(3.) Sri Chandra Shekhar Singh, learned Additional Chief Standing Counsel for the State-respondents submits that it is not necessary, than an order under Section 72 of Act, 1965 for winding up of the cooperative society, to proceed for cancellation of registration of the society under Section 76 of Act, 1965. He explains that both the orders can be simultaneous and can be part of one common order. He further submits that against the order of winding up of the cooperative society made under Section 72, an appeal under Section 98 (1) (i) of Act, 1965 has been provided for. Therefore, this Court may insist upon the petitioner to avail the statutory alternative remedy in the facts of the case.;