Lala Ram Sharma Son Of Shri Lalu Ram ... vs Sub Registrar, Co-Operative ...
2021 Latest Caselaw 7304 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

           S.B. Civil Writ Petition No. 12380/2021

1.     Lala Ram Sharma Son Of Shri Lalu Ram Sharma, Aged
       About 51 Years, Resident Of Rajora Ki Dhani, Nayla,
       Jaipur (Raj.)
2.     Smt. Shanti Devi Wife Of Shri Lala Ram Sharma, Aged
       About 50 Years, Resident Of Rajora Ki Dhani, Nayla,
       Jaipur (Raj.)
3.     Smt. Kailashi Devi Widow Of Late Shri Ganesh Narayan
       Sharma, Aged About 54 Years, Resident Of Rajora Ki
       Dhani, Nayla, Jaipur (Raj.)
4.     Mukesh Sharma Son Of Late Shri Ganesh Narayan
       Sharma, Aged About 35 Years, Resident Of Rajora Ki
       Dhani, Nayla, Jaipur (Raj.)
                                                                  ----Petitioners
                                   Versus
1.     Sub Registrar, Co-Operative Societies, Jaipur City Jaipur
       (Raj.)
2.     Rajputana Mahila Urban Co-Operative Bank Limited,
       Through Branch Manager, Sanganer Jaipur (Raj.).
                                                                ----Respondents

For Petitioner(s)        :     Mr. Amitabh Jatav
For Respondent(s)        :     Mr. Rajesh Kumar for Mr. Indresh
                               Sharma



          HON'BLE MR. JUSTICE PANKAJ BHANDARI

                         Judgment / Order

07/12/2021

1. Petitioners have preferred this Civil Writ Petition aggrieved

by order dated 18.12.2018, Recovery Certificate (Decree) dated

18.01.2019 and execution order dated 08.03.2019.

2. It is contended by counsel for the petitioners that petitioners

had taken loan and have also deposited part of the loan amount.

(2 of 2) [CW-12380/2021]

Their property is put to auction. Petitioners are willing to pay the

amount. Prayer is made that the orders passed by the Deputy

Registrar, Co-operative Society be quashed.

3. Counsel for the respondent has objected to the

maintainability of the writ petition. It is contended that the order

was passed way back on 18.12.2018 and the decree was passed

on 18.01.2019. In compliance of the decree, the execution order

was passed on 08.03.2019. Petitioners have not preferred appeal

under Section 104 of the Rajasthan Co-operative Societies Act,

2001 and the writ petition is not maintainable as petitioners have

alternative remedy available under the Co-operative Societies Act.

4. I have considered the contentions.

5. Petitioners were given the loan, vide order dated 03.09.2016

wherein it was mentioned that if they fail to repay the amount,

proceedings will be initiated against them. The impugned orders

were passed when the petitioners did not pay the amount. The

Decree, Execution order could have been challenged before the

authorities provided under Section 104 of the Rajasthan Co-

operative Societies Act. It is also pertinent to note that the

authorities mentioned in Section 104 have the discretion to even

pass interlocutory orders as deemed proper. Since the petitioners

have not availed the alternative remedy available to them and

have directly approached this Court, this Court is not inclined to

entertain the Civil Writ Petition.

6. This Civil Writ Petition is accordingly, dismissed.

7. Stay application also stands disposed.

(PANKAJ BHANDARI),J

NIKHIL KR. YADAV /257

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