LAWS(ALL)-2014-1-222

SURASARI PRASAD MISHRA Vs. STATE OF UP

Decided On January 29, 2014
Surasari Prasad Mishra Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) The petitioner is aggrieved by the order passed by the Joint Registrar dated 24.12.2013, Annexure-1 to the writ petition on the ground that the order is erroneous on various grounds and facts as well as in law.

(2.) Sri K.N. Mishra for the respondent - bank has raised a preliminary objection that the impugned order is appealable in terms of Section 98 (1) (d) of the U.P. Cooperative Societies Act, 1965, and, therefore, the petition should not be entertained.

(3.) We have perused the records and we find that the order of the Registrar is an outcome of a Division Bench judgment dated 11.1.2012 between the same parties in Writ Petition No.48177 of 2011, reported in (2012) 1 UPLBEC 798. The authority of the Registrar to hear the matter and dispose of the issue of disqualification was found to be within the jurisdiction of the Registrar in terms of Section 38 of the 1965 Act.