@JUDGMENTTAG-ORDER
1. Petitioner Ispat Nagari Sahkari Grih Nirman Samiti Ltd., is a Co-operative Society registered under the Bihar Co-operative Societies Act, 1935. In this petition filed under Article 226 of the Constitution of India, the petitioner, inter alia, has challenged the order dated 19th August, 2002 passed in Supersession Case No. 136 of 2000 (corresponding to Super-session Case No. 49 of 2001) by respondent No. 2 whereby the Managing Committee of the petitioner co-operative society has been superseded/dissolved and the SDO, Jamshedpur has been appointed as an Administrator of the Society in terms of Section 41(3) of the Act.
2. Mr. A.K. Sinha, learned Advocate General appearing for the respondents drew our attention to Sub-section (6) of Section 41 of the Bihar Co-operative Societies Act, 1935 and submitted that any order passed by the Registrar under Sub-section( 1) of Section 41 of the Act is appealable and that the appeal lies to the State Government. Undoubtedly, the order challenged in this petition and the reliefs claimed herein revolve around the supersession of the Managing Committee of the Society and the appointment of the Administrator and all these have been done by the Registrar in purported exercise of the powers vesting in him under Sub-section (1) of Section 41 of the Act. Of course, the appointment of the Administrator has been done in purported exercise of the power under Sub-section (3) of Section 41 of the Act, but the supersession of the Managing Committee as such has been done under the power vesting him under Sub-section (1) of Section 41 of the Act. The order therefore is appealable.
3. When an alternative remedy is available and the remedy is equally efficacious, interference by this Court under Article 226 of the Constitution is not resorted to. We, accordingly, while refusing to interfere under Article 226 of the Constitution give liberty to the petitioner or any member of the superseded managing committee to file an appeal to the State Government in terms of Sub-section (6) of Section 41 (supra). We have noticed that a limitation period of three months has been prescribed for filing an appeal. The present writ application was filed in this Court as far back as September, 2002. We permit the petitioner or any member of the superseded managing Committee to file an application for condonation of the delay in filing the appeal. If the appeal accompanied by any such application for condonation of delay is filed in the State Government within two weeks from today, we observe that the pendency of this petition in this Court should be construed as a sufficient cause and a good enough reason warranting condonation of the delay. The writ application is, accordingly, disposed of.
4. If the appeal is filed within two weeks accompanied by an application for condonation of the delay, we direct the appellate authority to dispose of the appeal in accordance with law and on its merits, very very expeditiously, and in any case, within a period of three months from the date of filing of the appeal.
