Vikram Singh vs State And Ors (2023/Rjjd/014845)
2023 Latest Caselaw 4496 Raj

[2023/RJJD/014845]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 11507/2017

Vikram Singh S/o Shri Matu Singh, R/o Rampura Bairi, Tehsil Rajgarh, District Churu, Rajasthan.

----Petitioner Versus

1. The State Of Rajasthan Through The Secretary, Department Of Co-Operative, Secretariat, Jaipur Rajasthan.

2. The Registrar, Co-Operative Societies Nehru Sehkar Bhawan, Bhawani Singh Road, Jaipur.

3. The Deputy Registrar, Co-Operative Societies, Churu.

4. Gram Seva Sahakari Samiti Ltd., Kaman Churu, Through Its President.

----Respondents

For Petitioner(s) : Mr. D.S. Sodha For Respondent(s) : Mr. Mrigraj Singh Rathore

JUSTICE DINESH MEHTA

Order

11/05/2023

1. Mr. Sodha, learned counsel for the petitioner submits that

the issue involved in the present writ petition is squarely covered

by the judgment dated 22.03.2018, passed by the Co-ordinate

Bench of this Court in the case of Gopi Chand Vs. The State of

Rajasthan & Ors. : S.B. Civil Writ Petition No.13513/2017

2. Mr. Mrigraj Singh Rathore, learned counsel for the

respondent is not in a position to dispute the aforesaid position of

fact and law.

[2023/RJJD/014845] (2 of 3) [CW-11507/2017]

3. In Gopi Chand (supra) this Court has held thus:-

"In view of the above legal and factual discussion, the orders passed by the Tribunal holding that the amendment has brought about only a change in the forum, being procedural would apply retrospectively and the pending matters were required to be decided by the Registrar, cannot be sustained.

Consequently, the writ petitions filed by the

petitioners are allowed. The order/s dated 20.12.2016 passed by the Tribunal transferring the matters to the Registrar are quashed and set aside.

Notices issued by the Registrar/his delegatee

to the petitioners pursuant to the amended Section 125 of the Act, in cases where the power by the Registrar/his delegatee had already been exercised under the unamended provision, are also quashed and set aside. The matters shall be finally heard and decided by the Rajasthan State Cooperative Societies Tribunal, Jaipur.

Looking to the fact that the issue is pending

for last over 6/7years, the Tribunal is directed to decide the matters most expeditiously."

4. The present writ petition is also disposed of in terms of the

Gopi Chand (supra).

5. The order dated 20.12.2016, transferring the matter to the

Registrar Cooperative Societies is hereby quashed and set aside.

6. The Tribunal is directed to call for the record, if the same is

not lying with it and decide the matter within a period of six

months from today.

[2023/RJJD/014845] (3 of 3) [CW-11507/2017]

7. Stay petition also stands disposed of accordingly.

(DINESH MEHTA),J 36-Ramesh/-

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