Bhagwat Singh vs State Of Rajasthan
2022 Latest Caselaw 12023 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

S.B. Civil Writ Petition No. 17418/2019

Bhagwat Singh

----Petitioner Versus State Of Rajasthan

----Respondent Connected With S.B. Civil Writ Petition No. 16995/2019 Pushpendra Singh

----Petitioner Versus State Of Rajasthan

----Respondent

For Petitioner(s) : Mr. Rajesh Joshi, Sr. Advocate Mr. Chandraveer Singh Mr. Mahaveer Singh For Respondent(s) : Mr. Sudhir Tak, AAG Mr. Salil Trivedi Mr. Akalovya Bhansali

HON'BLE MR. JUSTICE VIJAY BISHNOI

Order

29/09/2022

Learned counsel for the petitioners has submitted that the

proceedings under Section 30(1)(a) of the Rajasthan Co-operative

Societies Act, 2001 (hereinafter to be referred as 'the Act of

2001') were initiated against the petitioners on the basis of

findings of an enquiry under Section 55 of the Act of 2001. It is

further submitted that after conclusion of the enquiry under

Section 55 of the Act of 2001, an enquiry under Section 57(1) of

the Act of 2001 was also initiated against the petitioners and the

same has also been concluded while exercising powers under

Section 57(2) of the Act of 2001. Learned counsel has submitted

(2 of 2) [CW-17418/2019]

that the said enquiry under Section 57(1) and 57(2) of the Act of

2001 has already been quashed and set aside by the Co-operative

Tribunal vide judgment dated 04.08.2022 passed in Appeal

No.57/2022. It is also submitted that in view of the fact that the

enquiry against the petitioners under Section 57(1)and 57(2) of

the Act of 2001 has already been quashed and set aside, the

whole action of the respondents of initiating proceedings against

the petitioners under Section 30 of the Act of 2001 is vitiated and,

as such, the writ petitions deserves to be allowed.

Mr. Sudhir Tak, learned AAG seeks some time to respond the

arguments of learned counsel for the petitioners.

List on 12.10.2022.

(VIJAY BISHNOI),J

30-AjaySingh/-

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