Rajasthan High Court

Durgesh Datt Katara Son Of Shri ... vs The Union Of India on 21 August, 2023

Bench: Ganesh Ram Meena

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        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 15309/2021

1.       Gajendra Singh S/o Shri Jawahar Singh, Aged About 68
         Years,      R/o   Kherli     Road,       Nagar,       District   Bharatpur,
         Rajasthan.
2.       Swadesh W/o Gajendra Singh, Aged About 61 Years, R/o
         Ward No. 5, Infront Of Rseb Office, Nagar, Bharatpur,
         Rajasthan.
3.       Ambika Singh D/o Gajendra Singh, Aged About 33 Years,
         R/o Kherli Road, Nagar, District Bharatpur, Rajasthan.
                                                                     ----Petitioners
                                      Versus
1.       The Union Of India, Through Its Joint Secretary (Co-Op)
         And Central Registrar, Room No. 244, Department Of
         Agriculture, Cooperation And Farmers Welfare, Ministry Of
         Agriculture And Farmers Welfeare, Krishi Bhawan, New
         Delhi-110001.
2.       Serious      Fraud    Investigation         Office,       Through     Deputy
         Director And Investigation Officer, Ministry Of Cooperate
         Affairs,    Government         Of    India,      Second      Floor,   Pandit
         Deendayal Antyodaya Bhawan, Cgo Complex, Lodhi Road,
         New Delhi-110001.
3.       Superintendent Of Police, Sog And Ats, Office Of The
         Special Operation Group, Rajasthan Police, Jaipur-Delhi
         National Highway, Jaipur (Raj.)
4.       The Registrar, Rajasthan Co-Operative Societies, Nehru
         Sahcikar Bhawan, C-Scheme Road, Jaipur (Rajasthan).
5.       Adarsh Credit Cooperative Society Limited(Multi State),
         Through Its Managing Director/regional Manager, Regional
         Office, Palace Road, Sirohi, Rajasthan.
6.       Adarsh Credit Cooperative Society Limited (Multi State),
         Through Its Managing Director, Registered Office, Second
         Floor, 14, Vidhya Vihar Colony, Ashram Road, Usmanpura,
         Ahmedabad, Gujrat- 380013
7.       Adarsh Credit Cooperative Society Limited (Multi State),
         Through Mr. H.s. Patel Ias, Retd. Liquidator, Second Floor,
         14 Vidhya Vihar Colony, Ashram Road, Usmanpura,
         Ahmedabad, Gujrat-380013


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                                                                    ----Respondents

Connected With S.B. Civil Writ Petition No. 15321/2021

1. Durgesh Datt Katara Son Of Shri Shivdutt Katara, Aged About 47 Years, Resident Of Town Nagar, Tehsil Nagar, District Bharatpur (Raj.)

2. Kripa Devi Wife Of Shri Shivdutt Katara, Resident Of Town Nagar, Tehsil Nagar, District Bharatpur (Raj)

3. Yogmaya Sharma Wife Of Shri Surendrapal Sharma, Resident Of Lakhotiya Mohalla, Infront Of Vijay Shri School, Harmara, Kishangarh, District Ajmer (Raj.)

4. Hemlata Katara Wife Of Shri Lokesh Dutt Kata, Resident Of Ward No. 9, Nagar, Tehsil Nagar, District Bharatpur (Raj.)

----Petitioners Versus

1. The Union Of India, Through Its Joint Secretary (Co-Op) And Central Registrar, Room No. 244, Department Of Agriculture, Cooperation And Farmers Welfare, Ministry Of Agriculture And Farmers Welfeare, Krishi Bhawan, New Delhi-110001.

2. Serious Fraud Investigation Office, Through Deputy Director And Investigation Officer, Ministry Of Cooperate Affairs, Government Of India, Second Floor, Pandit Deendayal Antyodaya Bhawan, Cgo Complex, Lodhi Road, New Delhi-110001.

3. Superintendent Of Police, Sog And Ats, Office Of The Special Operation Group, Rajasthan Police, Jaipur-Delhi National Highway, Jaipur (Raj.)

4. The Registrar, Rajasthan Co-Operative Societies, Nehru Sahakar Bhawan, C-Scheme Road, Jaipur (Rajasthan).

5. Adarsh Credit Cooperative Society Limited(Multi State), Through Its Managing Director/regional Manager, Regional Office, Palace Road, Sirohi, Rajasthan.

6. Adarsh Credit Cooperative Society Limited (Multi State), Through Its Managing Director, Registered Office, Second Floor, 14, Vidhya Vihar Colony, Ashram Road, Usmanpura, Ahmedabad, Gujrat- 380013

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7. Adarsh Credit Cooperative Society Limited (Multi State), Through Mr. H.s. Patel Ias, Retd. Liquidator, Second Floor, 14 Vidhya Vihar Colony, Ashram Road, Usmanpura, Ahmedabad, Gujrat-380013

----Respondents

For Petitioner(s) : Mr. Girish Khandelawl For Respondent(s) : Mr. Akshay Bhardwaj Mr.R.D. Rastogi, ASG

HON'BLE MR. JUSTICE GANESH RAM MEENA

Judgment / Order

21/08/2023

1. These writ petitions have been filed by the petitioners with

the prayer to issue directions to the respondents to take decision

on the application filed by the applicant-petitioners expeditiously

and further the respondents may be directed to release the

amount of the petitioners lying deposited with respondent No.5-

Adarsh Credit Cooperative Society Limited (Multi State).

2. Counsel for the respondents submits that the issue raised in

the present writ petitions has been settled by the Rajasthan High

Court, Principle Seat, Jodhpur in S.B. Civll Writ Petition

No.9062/2022 "Kanta and Ors. Vs. Union of India and Ors.",

whereby the Court has observed as under:-

"4. The operative portion of the order passed in Dipesh Mishra & Ors.Vs. Union of India & Ors. (Supra) reads as follows:- "I have heard the submissions made by learned counsel for the parties and perused the material available on record.

This Court finds that in the present bunch of petitions, the petitioners are feeling aggrieved against the letter as well as provisional attachment order which have been issued by the Authority.

This Court, finds that after filing of writ petitions, the Authorities have passed

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order, under Section 8 of the Act of 2002, and as such, the final attachment order has been issued.

                     This Court, finds that none of the
               petitioners    have     ever    made      any
               application    in   their     petitions    for

amendment, and as such, this Court has to consider as whether these writ petitions can be heard by this Court in view of final attachment orders, which have already been passed by the Authorities on 31.03.2020.

This Court, finds that the relief sought in the present writ petitions, cannot be granted by this Court as their final attachment orders are not under challenge.

This Court finds substance in the submissions of learned ASG- Mr. R.D. Rastogi that the relief which has been sought in these writ petitions cannot be granted to the petitioners.

This Court further finds that during pendency of the writ petitions, if the final attachment order has been issued and the petitioners feel aggrieved against such order, then they are required to take necessary remedy to assail the same orders under the law.

This Court, accordingly, dismiss these writ petitions with liberty to the petitioners to take appropriate legal remedy for challenging the subsequent orders, which have been passed by the Authority, wherein final attachment orders have been passed.

The issue of locus and jurisdiction raised by the respondents before the Appellate Forum, can always be decided after hearing both the parties as per law.

A copy of this order be separately placed ineach petition."

5. This Court in the case of Dipesh Mishra & Ors.Vs. Union of India & Ors. (Supra) has also held that it is not the correct remedy at this stage to approach this Court in the writ jurisdiction, as there is an appropriate remedy under Section 26 of the PLMA.

6. Upon such submissions having been made, this Court is conscious of the fact that earlier orders were being passed for making representation to the liquidator by

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the depositors for their respective claims, but the turn of events and particularly, the judgment of this Hon'ble Court as well as the proposition under the PMLA, which includes attachment and the adjudication before the appellate Tribunal, does not call for any interference at this stage.

7. In view of the above, the present petition is disposed of with liberty to the petitioners to take-up all their issues before the appellate Tribunal under the PMLA and also make their claim before the liquidator and such claim can be decided by the appellate Tribunal and in consequence of the same the liquidator may act strictly in accordance with law. Thereafter, if any cause of action remains, the petitioners shall be at liberty to approach this Court again."

3. Counsel for the petitioners fairly admits that the issue raised

in the present writ petitions is squarely covered by the order and

observations passed in the case of Kanta (supra).

4. In view of the submissions made by counsel for the

respondents, the present writ petitions are disposed of with liberty

to the petitioners to take all their issues before the Appellate

Tribunal under PMLA and also make their claim before the

liquidator and such claim can be decided by the Appellate Tribunal

and in consequence of the same, the liquidator may act strictly in

accordance with law. Thereafter, if any cause of action remains,

the petitioners may approach this Court again.

5. Since the main petitions have been disposed of, the stay