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2022 (11) TMI 1471

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..... ernative remedy of appeal before the Co-operative Appellate Tribunal under Section 101 of the Rajasthan Co-operative Societies Rules, 2003 - HELD THAT:- The Hon ble Supreme Court in the matter of M/S RADHA KRISHAN INDUSTRIES VERSUS STATE OF HIMACHAL PRADESH ORS. [ 2021 (4) TMI 837 - SUPREME COURT] has been held that The High Court has the discretion not to entertain a writ petition. One of the res .....

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..... nal under Section 101 of the Rajasthan Co-operative Societies Rules, 2003 against the order dated 23.06.2022. Heard counsel for the petitioner and perused the record. The Hon'ble Supreme Court in the matter of Radha Krishan Industries Vs. State of Himachal Pradesh and Ors. Reported in (2021) 6 SCC 771, wherein para No.27 has been held as under; "27. The principles of law which emerge are that: .....

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..... divest the High Court of its powers Under Article 226 of the Constitution in an appropriate case though ordinarily, a writ petition should not be entertained when an efficacious alternate remedy is provided by law; (v) When a right is created by a statute, which itself prescribes the remedy or procedure for enforcing the right or liability, resort must be had to that particular statutory remedy .....

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