Sharvan Singh vs State And Ors (2023/Rjjd/014887)
2023 Latest Caselaw 4558 Raj

[2023/RJJD/014887]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 11781/2017

Sharvan Singh S/o Shri Girdhari Singh, R/o Vpo Mahalana Utrada, 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., Mahalana Churu, Through Its President.

                                                                    ----Respondents


For Petitioner(s)             :    Mr. DS Sodha
For Respondent(s)             :    Mr. Digvijay Shekhawat for
                                   Mr. Mrigraj Singh Rathore



                       JUSTICE DINESH MEHTA

                                        Order

12/05/2023

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. Digvijay Shekhawat associate to Mrigraj Singh Rathore,

learned counsel for the respondent is not in a position to dispute

the aforesaid position of fact and law.

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

[2023/RJJD/014887] (2 of 2) [CW-11781/2017]

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.

7. Stay petition also stands disposed of accordingly.

(DINESH MEHTA),J 23-pooja/-

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