Uttarakhand High Court

SPA/88/2026 of LAMACHAUR SHRAM SANVIDA SAHKARI SAMITI LTD Vs REGISTRAR COOPERATIVE SOCIETIES on 20 April 2026

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SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS SPA/88/2026 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Siddhartha Sah, J. Mr. T.A. Khan, learned Senior Counsel appearing for

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2026:UHC:2835-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS

SPA/88/2026

Hon’ble Manoj Kumar Tiwari, J. Hon’ble Siddhartha Sah, J.

Mr. T.A. Khan, learned Senior Counsel appearing for the appellants.

2. Mr. Puran Singh Bisht, learned Chief Standing Counsel, Mr. Gajendra Tripathi, learned Standing Counsel and Mr. Mohinder Singh Bisht, learned Brief Holder for the State/ respondent nos. 1 to 3.

3. Mr. Sandeep Kothari, learned counsel for respondent no. 4.

4. This intra court appeal is directed against the final order dated 25.03.2026, passed by learned Single Judge in WPMS No. 702 of 2026. By the said order, appellants’ writ petition was dismissed on the ground that it is premature, as petitioners had challenged a show cause notice.

5. It transpires that a notice under Rule 291 of Uttarakhand Cooperative Societies Rules, 2004 was issued to the appellants- society, which was challenged by the appellants in a writ petition.

6. Since appellants had the opportunity to have their say before the competent authority and no final order was passed

2026:UHC:2835-DB against the appellants, therefore, the view taken by learned Single Judge does not suffer from any infirmity.

7. Law is settled that writ petition, against the show cause notice, is normally not maintainable, unless the show cause notice is issued by an authority, who is not competent for the purpose.

8. In such view of the matter, we decline to entertain the special appeal. Accordingly, the special appeal fails and is dismissed.

(Siddhartha Sah, .J.) (Manoj Kumar Tiwari, .J.)

20.04.2026 Navin

NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a131bb4e4403d 3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56D653D095C6E D9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2026.04.21 11:20:19 +05'30'

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