Mahendra Singh vs State Of Rajasthan
2021 Latest Caselaw 15374 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Civil Writ Petition No. 5556/2020

1. Mahendra Singh S/o Sadurl Singh, Aged About 42 Years, By Caste Rajput, Resident Of Dungarwas, Tehsil Bhadra, District Hanumangarh (Raj.), President, Nyangal Gram Sewa Sahakri Samiti Ltd., Nyangal

2. Madan Lal S/o Dhanpat Ram, Aged About 35 Years, By Caste Jat, Resident Of Nyangal, Tehsil Bhadra, District Hanumangarh Member Managing Committee, Nyangal Gram Sewa Sahakri Samiti Ltd., Nyangal

----Petitioners Versus

1. State Of Rajasthan, Through Secretary, Cooperative, Govt. Of Rajasthan Govt. Of Rajasthan, Secretariat, Jaipur (Raj.)

2. The Dy. Registrar, Cooperative Societies, Hanumangarh (Raj.)

3. Hanumangarh Central Cooperative Bank Ltd., Hanumangarh Through Its Managing Director.

4. Addl. Registrar, Cooperative Societies, Bikaner Division, Bikaner (Raj.)

----Respondents

For Petitioner(s) : Mr. Kishan Bansal

For Respondent(s) : Mr. Mrigraj Singh Rathore, AGC, Mr. Ashok Kumar Choudhary, Mr. S.K.

                               Shreemali for Mr. B.S. Sandhu





                                      (2 of 4)                    [CW-5556/2020]


          HON'BLE MR. JUSTICE VIJAY BISHNOI

                     Judgment / Order

04/10/2021

This writ petition is filed by the petitioners being

aggrieved with the order dated 10.6.2020 (Annex.11)

passed by the respondent No.2 - the Deputy Registrar,

Cooperative Societies, Hanumangarh while exercising

powers under Section 125 of the Rajasthan Cooperative

Societies Act, 2001 (for short 'the Act of 2001'). The

petitioners have also challenged the validity of notice

dated 17.6.2020 (Annex.12) passed by the Addl.

Registrar, Cooperative Societies, Bikaner Division Bikaner

while exercising powers under Section 30 of the Act of

2001.

In respect of order dated 10.6.2020 (Annex.11),

learned counsel for the petitioners has submitted that

petitioner Nos.1 and 2 are the President and Member of

the Nyangal Gram Sewa Sahakari Samiti Ltd., Nyangal

respectively but the respondent No.2, before passing of

the order dated 10.6.2020 (Annex.11) while exercising

powers under Section 125 of the Act of 2001, has not

provided any opportunity of hearing to the petitioners. It

is further submitted that the petitioners had requested to

(3 of 4) [CW-5556/2020]

adjourn the matter, but no heed was given to their

request and the order impugned has been passed.

Having heard learned counsel for the parties and

after going through the material available on record, the

impugned order dated 10.6.2020 (Annex.11) passed by

the respondent No.2 is set aside with liberty to the

petitioners to file response/representation before the

respondent No.2 - the Deputy Registrar, Cooperative

Societies, Hanumangarh in response to the notice dated

1.6.2020 (Annex.8) issued by it under Section 125 of the

Act of 2001.

If any response/representation is filed by the

petitioners on 25.10.2021, the respondent No.2 shall

pass a fresh order under Section 125 of the Act of 2001

within a period of one week thereafter.

In respect of notice dated 17.6.2020 (Annex.12),

learned counsel for the petitioners has submitted that

since the petitioners have already filed reply to the notice

dated 17.6.2020 (Annex.12) passed by the respondent

No.4, a direction be issued to it to pass a final order

under Section 30 of the Act of 2001 after providing

opportunity of hearing to them.

Learned counsel Mr. Mrigraj Singh Rathore, AGC

appearing for the respondent - Cooperative Department

(4 of 4) [CW-5556/2020]

has submitted that if the petitioners have already filed

their response to the notice issued by the respondent

No.4, the same will be considered and, thereafter, final

order will be passed.

In such circumstances, it is ordered that the

respondent No.4 shall pass a final order under Section 30

of the Act of 2001 pursuant to the notice dated

17.6.2020 (Annex.12) taking into consideration the reply

filed on behalf of the petitioners on or before 8.11.2021.

With the above observations, this writ petition is

disposed of.

Stay petition is also disposed of.

(VIJAY BISHNOI),J

42 - ms rathore

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