Anil Kumar Pandey v. Gen. Manager/Secy. Zila Sahkari Bank Ltd.
2010-03-10
A.P.SAHI
body2010
DigiLaw.ai
JUDGMENT 1. Heard learned counsel for the petitioner and Shri K.N. Mishra, learned counsel for the respondents. 2. Shri K.N. Mishra points out that, as a matter of fact, the Urban Co-operative Banks are now excluded from the purview of the applicability of the 1975 Regulations. For this, he has produced a copy of the notification dated 17th November, 2009, which is quoted below: "Uttar Pradesh Shasan Shakarita Anubhag-I In pursuance of the provisions of clause (3) of Article 348 of Constitution, the Governor is pleased to order the publication of the following English translation of Notification No-482/49-1-09-8(335)/08 Dated 17 February, 2009. No-482/49-1-09-8 (335)/08 Lucknow: Dated 17 Feb. 2009 To Exercise of the powers under sub-section (1) of section 122 of the Uttar Pradesh Co-operative Societies Act, 1965 (U.P. Act No. XI of 1966), read with rule-389-A of the Uttar Pradesh Co-operative Societies Rules, 1968 and Section 21 of the Uttar Pradesh General Clauses Act, 1904 (U.P. Act No. 1 of 1904), the Governor is pleased to make the following amendment in Government notification no. 366-C/XII-C-3-36-71, dated March 04, 1972:- Amendment In the aforesaid notification, in para 1 of the words, "U.P. Co-operative Housing Fedration and Urban Co-operative Banks" the words "U.P. Co-operative Housing Fedration" shall be substituted " 3. In view of the aforesaid position, the present writ petition cannot be entertained at this stage, unless and until, the petitioner approaches the Registrar, Co-operative Societies under Section 128 and any orders are passed thereon. 4. Accordingly, the writ petition is not maintainable. The petitioner may approach the Registrar under Section 128 of the Co-operative Societies Act, 1965. With the aforesaid observations, the writ petition is dismissed.