(?= HIGH COURT OF CHHAmSGARH. BILASPUR WMT PETITION lcl No. 411 of 2010 PETITIONER RESPONDENTS C.K. Hella, s/o Shri M.L. Hella, aged about 56 years, President Madhya Pradesh Shashkiya Karnichari Grih Nirman Sahkari Samiti Maryadit, Bilaspur (C.G). Vs. 1. State of Chhattisgarh, through the Secretary, Departanent of Cooperative Society, D.K.S.Bhawan, Raipur (C.G). 2. The Appellate Authority Chhattisgarh State Cooperative Society, Raipur, District Raipur (C.G). 3. Registrar Cooperative Society Raipur, Distt. Raipur(C.G). 4. Joint Registrar, Cooperative Society, Bilaspur, Distt. Bilaspur (C.G). 5. Addl. Tahsildar Sakri, Distt. Bilaspur (C.G). WRIT^^ETITIOML UN^ER_ ARTICLE 227/227 OF THE CONSTITUTION OF INDIA Appearance: Mr. A. N. Pandey, counsel for the petitioner. Mr. Arun Sao, Govt. Advocate, for the State/ respondents 1, 3, 4 85 5. ORAL ORDER (05.02.2010) SUNIL KUMAR SINHA. J. Heard. Petitioner C.K. Hella has filed this petition for the following relieffs) : 10. RELIEF(S) SOUGHT: \ In view of the aforesaid circuinstances the petitioner respectfully prays for the following reliefs : IT ^;;§£^tS t'. (-. J" .^ ''•&. '"•lass^^' ^^ 'y^.iiP'' ^> W.P.CONo. 411/2010 10.1 That, the Hon'ble Court may kindly be pleased to call for the entire records of the case for kind perusal of this Hon'ble Court. 10.2 That, the Hon'ble Court may kindly be pleased to direct respondent no.2, for deciding the appeal filed by the petitioner against the order dated 11.11.2009, which is pending before him within stipulated period. 10.3 That, the Hon'ble Court may kindly be pleased to direct respondents 4 85 5, for not taking any coercive acdon against the petitioner in pursuance of notice dated 01.01.2010 and 20.01.2010 (Annexure P-8) regarding handing over the charge to the petidoner of the concerned society to the newly constituted committee in compliance of the order passed by •respondent no.3 dated 11.11.2009 till the decision of the stay application, which is pending before respondent no. 1. 10.4 Any other relief(s) inay also be granted to the petitioner which this Hon'ble Court deems fit and proper in the facts and circumstances of the case. Mr. A. N. Pandey, learned counsel appearing for the petitioner subraits that since the appeal Eled by the petitioner before the concerned authority again'st the order dated 11.11.2009 on 17.12.2009 has not been entertained so far and in the meanwhile, notices have been issued for handing over the charge, therefore, this writ petition has been filed. On 29.01.2010, the Deputy Advocate General appearing on behalf of the State has prayed for time to seek instructions in the matter. Today, the learned Government Advocate files a copy of communicatio'n dated 04.02.2010 which contains that the appeal of the petitioner has been received by the Department on tf ~^%^S^i?% ® •••• •-s.ViSQ,^^ ^ ^~J/ »y^y '^sss^ss^ Wj'.LClNo. 411/20^10 17.12.2009 bu it has not been registered so far. However the same is likely to be presented before the concerned authority to hear the appeal at the earliest. The communication is taken on record. In view of the facts stafed above, when the appeal of the petitioner is pending and the same is likely to be heard, I am not inclined to entertain this writ petition for the said reliefs. However, it is expected that the appellate authority would try to dispose of the interim application for stay/appeal at the earliest so that the controversy raised may come to an end. With the aforesaid observation, this writ petition stands finally disposed of at the motion stage itself. The petitioner would also be at liberty to approach the appellate authority with a copy of this order for taking his matter on urgent basis. C.C. as per rules. Sunil Kumar Sinha Judge jt\f-