Ganpat Singh Parmar vs Union Of India ...
2023 Latest Caselaw 8045 Raj

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 5592/2023

1. Ganpat Singh Parmar S/o Shri Bhairon Singh Parmar, Aged About 42 Years, R/o New Delwada, Mount Abu, Sirohi (Raj.).

2. Purnima Parmar W/o Ganpat Singh Parmar, Aged About 44 Years, R/o New Delwada, Mount Abu, Sirohi (Raj.)

3. Gaurav Singh (Since Deceased), Through F/o Ganpat Singh Parmar S/o Shri Bhairon Singh Parmar, Aged About 46 Years, R/o New Delwada, Mount Abu, Sirohi (Raj.)

4. Shaitan Singh S/o Lal Singh, Aged About 42 Years, R/o Sundesha Vas, Oriya, Sirohi (Raj.).

5. Sitakunwar W/o Chandan Singh, Aged About 37 Years, R/ o Riyatar Was, Oriya, Sirohi (Raj.).

6. Moni Bai W/o Keshar Singh, Aged About 57 Years, R/o Parihar Was, Oriya, Sirohi (Raj.).

7. Koku Bai W/o Lakam Singh, Aged About 70 Years, R/o Oriya, Sirohi (Raj.).

8. Shanti Devi W/o Jhalam Singh, Aged About 39 Years, R/o Parmar Was, Oriya, Sirohi (Raj.).

9. Lakham Singh (Since Deceased), Through W/o Koku Bai W/o Lakham Singh, Aged About 70 Years, R/o Oriya, Sirohi (Raj.)

10. Tirlok Singh S/o Motilal Ji, Aged About 49 Years, R/o Hanuman Ji Mandirke Pas, Mach Gaon, Mount Abu, Abu, Sirohi (Raj.).

11. Parvati Kunwar W/o Babusingh, Aged About 64 Years, R/o Delvada, Mount Abu, Block No.1, Abu, Sirohi, Abu Road (Raj.).

12. Babu Singh Chauhan S/o Khushal Singh, Aged About 73 Years, R/o Delwada, Jain Mandirke Pass, Abu Parwat, Block No.1, Abu, Sirohi (Raj.).

13. Babita Kunwar W/o Ganpat Singh, Aged About 52 Years, R/o New Mount Abu, Block No.1, Sirohi Abu (Raj.).

14. Jashoda Devi W/o Meghraj, Aged About 62 Years, R/o Highway Road Ke Pas, Veerwara, Sirohi (Raj.).

15. Babu Singh S/o Shri Vada Ji, Aged About 45 Years, R/o Bheru Ji Kamandirke Near, Oriya, Sirohi (Raj.).

16. Ramila W/o Babu Singh, Aged About 43 Years, R/o Near Bheru Ji Kamandir, Oriya, Sirohi (Raj.).

17. Prem Singh S/o Kishan Singh, Aged About 48 Years, R/o 123, Kharwado Ki Bhagal, Mokela, Rajsamand, Shishoda (Raj.).

18. Padami W/o Keshar Singh, Aged About 43 Years, R/o Salgaon, Oriya, Sirohi (Raj.).

19. Jatu Devi W/o Narpat Singh, Aged About 47 Years, R/o Salgaon, Abu, Sirohi (Raj.).

20. Narpat Singh S/o Vada, Aged About 50 Years, R/o Salgaon, Abu, Sirohi (Raj.).

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21. Bhanvar Singh S/o Shri Vada Singh, Aged About 53 Years, R/o Salgaon, Oria, Sirohi (Raj.).

22. Paru W/o Bhanwar Singh, Aged About 59 Years, R/o Salgaon, Oriya, Sirohi(Raj.).

23. Kesar Singh S/o Vada Ji, Aged About 48 Years, R/o Vada Ji, Salgaon, Oriya, Sirohi (Raj.).

24. Lal Singh S/o Sohan Singh, Aged About 68 Years, R/o Govagoan, Delvada, Mount Abu, Block No.1, Sirohi (Raj.).

25. Kusum Devi W/o Lal Singh, Aged About 62 Years, R/o Goa Gaon, Delwada, Mount Abu, Abu, Sirohi (Raj.).

26. Deepak Singh S/o Lal Singh, Aged About 33 Years, R/o Goa Gaon, Delwada, Mount Abu, Abu, Sirohi (Raj.).

27. Chandan Kunwar D/o Narphat Singh, Aged About 18 Years, R/o Oriya, Sirohi (Raj.).

28. Shaitan Singh Devora S/o Mot Singh Devora, Aged About 38 Years, R/o Govagaon, Mount Abu, Block No.1, Sirohi (Raj.).

29. Ishwar Singh S/o Shri Moth Singh, Aged About 43 Years, R/o Goa Gaon, Mount Abu, Abu, Sirohi (Raj.).

30. Rekha W/o Ishwar Singh, Aged About 39 Years, R/o Delwada, Goa Gaon, Mount Abu, Abu, Sirohi (Raj.).

31. Meera Kanwar W/o Narpat Singh, Aged About 44 Years, R/o Riyatar Was, Oriya, Sirohi (Raj.).

32. Kanchan W/o Sambhu Singh, Aged About 29 Years, R/o 84, Parihar Vas, Oriya, Mount Abu, Block No.1, Sirohi (Raj.).

33. Magu Devi W/o Bhur Singh, Aged About 59 Years, R/o Sundesha Was, Oriya, Sirohi (Raj.).

34. Jay Singh S/o Shri Bhur Singh, Aged About 39 Years, R/o Sundesha Vas, Oriya, Sirohi (Raj.).

35. Sharda Bai W/o Som Singh, Aged About 69 Years, R/o Gogatar Vas, Oriya, Sirohi (Raj.).

36. Sugana Kunwar W/o Jabar Singh, Aged About 33 Years, R/o Gogatar Was, Oriya, Sirohi (Raj.).

37. Ganga Devi W/o Veer Singh, Aged About 65 Years, R/o Gao Gaondelwada, Mount Abu, Abu, Sirohi (Raj.).

38. Alaka Devi W/o Devi Singh, Aged About 43 Years, R/o Goa Gaon, Delwada, Mount Abu, Abu, Sirohi (Raj.).

39. Sajjan Devi W/o Dasharathlal, Aged About 57 Years, R/o Vetanary Hospital, Mount Abu, Block No.3, Abu, Sirohi, Abu Road, (Raj.).

40. Ram Babu Vallamsetti S/o Dalayya, Aged About 43 Years, R/o Staff Quarters Geeta House, Abu Parvat, Mount Abu, Abu, Sirohi (Raj.).

41. Shankar Lal S/o Shri Chena Ram, Aged About 46 Years, R/o 148, Meghval Vas, Nagani, Sirohi (Raj.).

42. Archana Dava W/o Harshad Dave, Aged About 64 Years, R/o 69, Meet Market, Mount Abu, Mount Abu, Block No.3, Abu, Sirohi (Raj.).

43. Harshad Bhai S/o Mangal Prasad, Aged About 69 Years, R/o 39, Meet Market, Mount Abu, Abu, Sirohi (Raj.).

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44. Ganga Devi W/o Hansaram, Aged About 51 Years, R/o Power House Colony, Mount Abu, Abu, Sirohi (Raj.).

45. Hansa S/o Rupa Ji, Aged About 56 Years, R/o Power House Colony, Mount Abu, Abu, Sirohi (Raj.).

46. Vadu Devi W/o Vijay Singh, Aged About 67 Years, R/o Parmar Was, Oriya, Sirohi (Raj.).

47. Raghuveer Singh S/o Shri Vijay Singh, Aged About 46 Years, R/o Parmar Was, Oriya, Sirohi (Raj.).

48. Kishore Bhai S/o Devchand, Aged About 72 Years, R/o Divyadarshanbhawan, Palanpur House Colony, Mount Abu, Sirohi (Raj.).

49. Vasanti Ben W/o Kishore Bhai, Aged About 68 Years, R/o Divyadarshanbhawan, Palanpur House Colony, Mount Abu, Sirohi (Raj.).

50. Bejul S/o Kishore Bhai, Aged About 48 Years, R/o Divyadarshanbhawan, Palanpur House Colony, Mount Abu, Abu, Sirohi (Raj.).

51. Mohan Lal S/o Dharama Ram, Aged About 67 Years, R/o Hend Pump, Veerwara, Sirohi, Verwara (Raj.).

52. Laxman Singh Chouhan S/o Babu Singh Ji, Aged About 32 Years, R/o Jain Mandirke Pass, Delwada, Mount Abu, Abu, Sirohi (Raj.).

53. Kavita W/o Padam Singh, Aged About 51 Years, R/o Govagaon, Mount Abu, Abu, Sirohi (Raj.).

54. Praveen Singh S/o Shri Babu Singh, Aged About 26 Years, R/o Badidhundai, Mount Abu, Sirohi (Raj.).

55. Bajrang Prasad Agarwal S/o Bhagwati Prasad Agarwal, Aged About 64 Years, R/o Delwada, Mount Abu, Abu, Sirohi, Rajasthan.

56. Chandrakanta W/o Bajrang Prasad, Aged About 49 Years, R/o Delwada, Mount Abu, Abu, Sirohi, Rajasthan.

57. Bhavesh Bansal S/o Hotilal Bansal, Aged About 22 Years, R/o 38, New Delwara, Ward No.09, Abuparwat, Achalgarh, Sirohi (Raj.).

58. Seema Bansal W/o Hotilal Bansal, Aged About 50 Years, R/o 38, New Delwara, Ward No.09, Abuparwat, Achalgarh, Sirohi (Raj.).

59. Hotilal Bansal S/o Kundanlal Bansal, Aged About 38 Years, R/o 38, New Delwara, Ward No.09, Abuparwat, Achalgarh, Sirohi (Raj.).

60. Mira W/o Pavan Kumar, Aged About 62 Years, R/o Shekhpada, Pachoripada, Old City, Dholpur (Raj.).

61. Sushila Devi W/o Anil Kumar Sharma, Aged About 52 Years, R/o Left Side Street, Near Jet Tely Public School, Gaushala Colony, Dholpur (Raj.).

62. Laxmi Devi Yadav W/o Somveer Singh Yadav, Aged About 56 Years, R/o Gadarpura, Ravsahabka Bara, Dholpur (Raj.).

63. Sapna Yadav W/o Sonu Yadav, Aged About 36 Years, R/o Sudamapurigali No.2, Ghasmandimorar, Gird, Gwalior.

64. Basant Kumar Saxena S/o Patiramsaxena, Aged About 68 Years, R/o Chitransh Bihar Colony, Ghantaghar, Niyayati,

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Dholpur.

65. Hemlata Saxena W/o Basant Kumar Saxena, Aged About 58 Years, R/o Chitransh Bihar Colony, Ghantaghar, Niyayati, Dholpur.

66. Pinky Saxena D/o Basant Kumar Saxena, Aged About 34 Years, R/o Chitransh Bihar Colony, Ghantaghar, Niyayati, Dholpur.

67. Asha Saxena W/o Rajeev Kumar Saxena, Aged About 59 Years, R/o 31A/76A, Jagjeet Nagar, Shamshabad Road, Agra (U.p.).

68. Bagwan Shai Kamthan S/o Satgurusahaikamthan, Aged About 50 Years, R/o Baldevbhawan, Bhamtipura, Dholpur (Raj.).

69. Rajeshwari Kamthan W/o Bhagwan Sahai Kamthan, Aged About 46 Years, R/o Baldevbhawan, Bhamtipura, Dholpur (Raj.).

70. Geeta Devi W/o Shyam Babu, Aged About 72 Years, R/o Station Road, Banmor, Bamorkhurd, Murena (M.p.).

71. Mona Goyal W/o Manoj Kumar Goyal, Aged About 47 Years, R/o 10, Station Road, Bamaurkhurd, Morena (M.p.).

72. Preeti Saxena D/o Basant Saxena, Aged About 37 Years, R/o House No.296, Ward No.6, Najdeekcity Jubli Hall, Dholpur (Raj.).

73. Son Shri W/o Kalua Yadav, Aged About 57 Years, R/o Radha Bihari Road, Chidiakhana, Dholpur (Raj.).

74. Prerna Saxena W/o Rajendra Kumar Saxena, Aged About 47 Years, R/o A-108, A Block, Near Nawada Metro Station, Gulabbagh, Uttam Nagar, West Delhi.

75. Kishan Singh Tyagi S/o Umedilal, Aged About 54 Years, R/ o Shakti Nagar, Near City Jubali Hall, Ghantaghar Road, Dholpur (Raj.).

76. Bhavana Chouhan D/o Shiv Pratap Singh, Aged About 45 Years, R/o Sitaram Colony, Water Works Kepeeche, Dholpur (Raj.).

77. Arun Singh S/o Shri Ramjilal, Aged About 37 Years, R/o Gadarpuratiraha, Dholpur (Raj.).

78. Narvada Singhal W/o Chandra Shekhar Singhal, Aged About 49 Years, R/o Gurudwara Road, Dixit House, Dholpur (Raj.).

79. Ashish Bansal S/o Keshav Dev Bansal, Aged About 36 Years, R/o 376, Ward No.28, Madina Colony, Dholpur (Raj.).

80. Pushpendra Kumar Soni S/o Narendra Kumar Soni, Aged About 36 Years, R/o Bhawasahabkabada, Dholpur (Raj.).

81. Munna Lal S/o Manpal, Aged About 56 Years, R/o Man Pal Colony, Gantaghar Road, Dholpur (Raj.).

82. Pursottam Das Gupta S/o Shankar Lal, Aged About 80 Years, R/o 381, Ghantaghar Road, Ward No.17, Ghantagharke Pass, Dholpur (Raj.).

83. Radheshyam Sharma S/o Kalicharan Sharma, Aged About 66 Years, R/o Gurjar Colony, Water Works Kesamne, Gt

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Road, Dholpur (Raj.).

84. Meera Devi Agrawal W/o Haresh Chand Goyal, Aged About 73 Years, R/o Shivaji Nagar, Ward No.19, City Kotwali School, Dholpur (Raj.).

85. Nivedita Pachory D/o Rama Shankar, Aged About 34 Years, R/o Hanuman Triya, Madan Mohan Building Kothi, Dholpur (Raj.).

86. Jyoti Verma W/o Ravindra Kumar, Aged About 45 Years, R/o Near Water Work, G.t. Road, Gujar Colony, Dholpur (Raj.).

87. Ravita Rawat W/o Sanjay Ravat, Aged About 49 Years, R/ o 14/97, Mandi Said Khan, Civil Line, Agra (U.p.).

88. Nanne Usmani S/o Shakur Usmani, Aged About 54 Years, R/o Mohallakotla Old City, Dholpur (Raj.).

89. Sunil Kumar S/o Gopal Agarwal, Aged About 38 Years, R/ o Behind Road Ways Bus Depot, Kayasthpada, Dholpur (Raj.).

90. Gopal Agarwal S/o Chirojilal Agarwal, Aged About 71 Years, R/o Behind Road Ways Bus Depot, Kayasthpada, Dholpur (Raj.).

91. Bhavana Garg W/o Sunil Kumar, Aged About 36 Years, R/ o 8/187, Kayasthpada, Bus Depot Kepiche, Dholpur (Raj.).

92. Kasturi W/o Gopal, Aged About 63 Years, R/o 8/187, Kayasthpada, Bus Depot Kepiche, Dholpur (Raj.).

93. Adarsh Kumar Saxena S/o Govind Prasad Saxena, Aged About 67 Years, R/o Dr. Adarshsaxenabali Gali, Jagan Colony Kesamne, Dholpur (Raj.).

94. Alka Garg W/o Rishi Prakash Agarwal, Aged About 48 Years, R/o Behind Road Ways Bus Depot, Kayasthpara, Dholpur (Raj.).

95. Rishi Prakash Agarwal S/o Gopal Agarwal, Aged About 44 Years, R/o Behind Roadways Bus Depot, Kayasth Para, Dholpur (Raj.).

96. Vivek Sharma S/o Shri Vijay Kumar Sharma, Aged About 31 Years, R/o Sector-5, Shastri Nagar, N.h.-3, Dholpur (Raj.).

97. Monika Sharma D/o Vijay Kumar Sharma, Aged About 24 Years, R/o Sector-5, Shastri Nagar, Dholpur (Raj.).

98. Vandana Mudgal W/o Vivek Sharma, Aged About 29 Years, R/o Sector-5, Shastri Nagar, N.h.-3, Dholpur (Raj.).

99. Sushama Sharma W/o Vijay Kumar Sharma, Aged About 51 Years, R/o Shastri Nagar Colony, Sector-5, Dholpur (Raj.).

100. Vijay Kumar Sharma S/o Mata Prasad, Aged About 59 Years, R/o 5, Shastri Nagar, Dholpur (Raj.).

101. Kartikey Gour S/o Shiv Gour, Aged About 40 Years, R/o A-

298, Satkar Shopping Center, Malviya Nagar, Jaipur (Raj.).

102. Parmanand Sharma S/o Laxmi Narayan Sharma, Aged About 73 Years, R/o Gopalpura Bypass, Shyam Nagar, Jaipur (Raj.).

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103. Mamta Devi W/o Bhanwarlaljangid, Aged About 35 Years, R/o Khari Kuyi Ke Pas, Niwai, Tonk (Raj.).

104. Basanti Devi W/o Suresh Chand, Aged About 56 Years, R/ o Aasharamgosalakesamne, Ward No.19, Niwai, Tonk (Raj.).

105. Manju Lata Pareek W/o Prem Prakash Pareek, Aged About 49 Years, R/o Indrabasti, Niwai, Tonk (Raj.).

106. Kailash Chand Sharma S/o Nathulal Sharma, Aged About 71 Years, R/o Kunj Bihari Ashram Kepiche, Shiv Nagar, Deendayal Colony, Niwai, Tonk (Raj.).

107. Murarilal Sharma (Since Deceased), Through Legal Heir W/o Madhu Sharma W/o Late Murarilal Sharma, Aged About 70 Years, R/o Pahari, Tonk (Raj.).

108. Sarita Sharma W/o Ravi Prakash Sharma, Aged About 37 Years, R/o 23, Pahari, Tonk (Raj.).

109. Shyam Sundar Pareek S/o Laxmi Narayan Pareek, Aged About 83 Years, R/o 1-G-7, Chandra Shekhar Azad Nagar, Bhilwara (Raj.).

110. Chandrakala Sharma W/o Rakesh Kumar Sharma, Aged About 47 Years, R/o Near Bus Stand, Keshav Nagar, Pander, Bhilwara (Raj.).

111. Mahaveer Prasad Sharma S/o Ramniwas Sharma, Aged About 57 Years, R/o Pander, Bhilwara (Raj.).

112. Sangeeta Dadhich W/o Mahaveer Prasad Sharma, Aged About 52 Years, R/o Ashapura Mata Mandirke Pass, Jahazpur, Bhilwara (Raj.).

113. Manoj Kumar S/o Buddhi Prakash Sharma, Aged About 49 Years, R/o Gali No.11, Shivaji Colony, Niwai, Tonk (Raj.).

114. Mamta Sharma W/o Manoj Kumar Sharma, Aged About 47 Years, R/o Gali No.11, Shivaji Colony, Niwai, Tonk (Raj.).

115. Seema Tyagi W/o Dheerendra Kumar Tyagi, Aged About 47 Years, R/o G-58, Bhagat Singh Colony, Jhilay Road, Niwai, Tonk (Raj.).

116. Vidushi Tyagi D/o Vijay Pal Tyagi, Aged About 54 Years, R/ o G-58, Bhagat Singh Colony, Niwai, Tonk (Raj.).

117. Anuradha Tyagi W/o Raghvendra Tyagi, Aged About 44 Years, R/o G-58, Bhagat Singh Colony, Niwai, Tonk (Raj.).

118. Harsh Kumar Tyagi S/o Dheerendra Kumar Tyagi, Aged About 23 Years, R/o 7, Gargi Niwas, Banasthalividyapeeth, Niwai, District Tonk (Raj.).

119. Ved Prakash Sehgal S/o Kahan Chand Sehgal, Aged About 72 Years, R/o 2-N-2 Krishna Nagar Housing Board Colony, Bharat, District Tonk (Raj.).

120. Urmila Sehgal W/o Ved Prakash Sehgal, Aged About 67 Years, R/o 2-N-2 Krishna Nagar Housing Board Colony, Bharat, District Tonk (Raj.)

----Petitioners Versus

1. Union Of India, Through Central Registrar Of Cooperative Societies, Ministry Of Cooperation, Government Of India, Krishi Bhawan, New Delhi.

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2. State Of Rajasthan, Through The Secretary, Department Of Cooperative Societies, Government Of Rajasthan, Jaipur, Rajasthan.

3. The Commissioner, Office Of The Central Registrar Of Cooperative Societies, Ministry Of Cooperation, Government Of India, Krishi Bhawan, New Delhi.

4. The Managing Director, Adarsh Credit Cooperative Society Limited, Central Office, Udaipur, Rajasthan.

5. The Liquidator Of Adarsh Credit Cooperative Society Limited, Through Central Registrar Of Cooperative Societies, Ministry Of Cooperation, Government Of India, Krishi Bhawan, New Delhi.

----Respondents

For Petitioner(s) : Mr. Vikram Singh Bhati. For Respondent(s) : Mr. Mukesh Rajpurohit, Dy. SG assisted by Mr. Parkash Raika.

Mr. Sudhir Tak, AAG assisted by Mr. Navneet Singh Birkh.

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

06/10/2023

1. Learned counsel for the parties are in agreement that the

controversy involved in the present case is squarely covered by

the decision rendered by this Court in Kanta Sharma & Ors. Vs.

Union of India & Ors. (S.B. Civil Writ Petition

No.9062/2022) on 06.07.2023, the relevant portion of which,

reads as follows:

"4. 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.

5. 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 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

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under the PMLA, which includes attachment and the adjudication before the appellate Tribunal, does not call for any interference at this stage.

6. 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."

2. For the self same reasons, the present writ petition is

disposed of in terms of the order passed in the case of Kanta

Sharma (Supra). All pending applications also stand disposed of.

(DR.PUSHPENDRA SINGH BHATI), J.

30-/Jitender//-

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