Ram Khiladi Lodda vs State of Rajasthan and Others

Narendra Kumar Jain, J.—The petitioner has preferred this writ petition challenging the impugned order dated 27th September, 2006 (Annexure-3) passed by the Joint Registrar, Cooperative Societies, Bharatpur, Division Bharatpur u/s 57 of the Rajasthan Cooperative Societies Act, 2001 and the demand notice dated 12th January, 2007 (Annexure-4) issued in pursuance of the said order.

The order passed by the Joint Registrar is appealable u/s 104 of the Rajasthan Cooperative Societies Act, 2001 and as such the statutory appeal by way of alternative remedy is available to the petitioner against the impugned order, but without availing the same, the present writ petition has been preferred before this Court. It is the settled law that ordinarily the writ petition is not entertained by this Court, where alternative remedy is available, particularly the alternative remedy by way of statutory appeal is available. In such circumstances, I am not inclined to admit this writ petition and the same is accordingly, dismissed on the ground of alternative remedy available to the petitioner against the impugned order.