Bhagirath Jyani vs State Of Rajasthan ...
2025 Latest Caselaw 15741 Raj

Rajasthan High Court - Jodhpur

Bhagirath Jyani vs State Of Rajasthan ... on 19 November, 2025

Author: Vinit Kumar Mathur

Bench: Vinit Kumar Mathur

[2025:RJ-JD:50115-DB]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                D.B. Civil Writ Petition No. 1150/2023

Reva Shankar Gayari
                                                                      ----Petitioner
                                       Versus
State Of Rajasthan
                                                                    ----Respondent
                                 Connected With
1. D.B. Civil Writ Petition No. 52/2023
2. D.B. Civil Writ Petition No. 230/2023
3. D.B. Civil Writ Petition No. 644/2023
4. D.B. Civil Writ Petition No. 742/2023
5. D.B. Civil Writ Petition No. 743/2023
6. D.B. Civil Writ Petition No. 992/2023
7. D.B. Civil Writ Petition No. 1455/2023
8. D.B. Civil Writ Petition No. 1886/2023


For Petitioner(s)            :     Mr. Shyam Singh Pareek for
                                   Mr. Trilok Joshi
                                   Mr. Tej Singh Rathore
                                   Mr. Paramveer Singh
For Respondent(s)            :     Mr. Rajesh Joshi
                                   Mr. Nathu Singh Rathore, AAG
                                   assisted By
                                   Mr. Digvijay Singh Bhati
                                   Mr. Ram Avtar Sikhwal &
                                   Mr. Arpit Samariya



        HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

HON'BLE MR. JUSTICE BIPIN GUPTA

Order

19/11/2025 In D.B. Civil Writ Petition No. 1150/2023, 52/2023,

230/2023, 644/2023, 742/2023, 992/2023, 1455/2023

and 1886/2023.

1. Learned counsel for the State prays for and is granted two

weeks' time to complete his instructions.

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2. List these matters on 03.12.2025.

In D.B. Civil Writ Petition No. 743/2023.

1. The matter comes up on an application (I.A. No. 01/2025)

filed for impleadment of the party-respondent in the present case.

2. Learned counsel for the applicant further prays that the State

Government be directed to take action under Section 30(1B) of

the Rajasthan Co-operative Society Act, 2001 (hereinafter referred

to as the 'Act of 2001') so that the Phalodi Central Co-operative

Bank Limited may start functioning upon the due resolution

passed by the Jodhpur Central Co-operative Bank Limited.

3. Learned counsel for respondent-State submits that no action

under Section 30(1B) of the Act of 2001 has been taken by the

State Government owing to the pendency of the present matter.

4. However, learned counsel for the applicant submits that, vide

interim order dated 19.01.2023, this Court has only stayed the

effect & operation of the circular dated 02.12.2022 and the

consequential order dated 16.12.2022, by which administrators

were appointed by the State Government while exercising powers

under Section 30(C) and Section 32 of the Act of 2001, which

were struck down by this Court vide judgment dated 06.01.2023

passed in D.B. Civil Writ Petition No. 52/2023.

5. Learned counsel further submits that the State Government

is fully capable of entertaining and deciding the applications under

Section 30(1B) of Act of 2001, if preferred by any aggrieved party,

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without being influenced by the interim order passed by this

Court.

6. In the considered opinion of this Court, since the validity of

Section 30(1B) of the Act of 2001 was never challenged and the

same has not been declared ultra vires, the State Government can

very well take action in accordance with the provisions of Section

30(1B) of the Act of 2001, if an application is preferred before it

by any aggrieved party. It is made clear that if any such

application is preferred by any party, including the applicant in the

present case, the State Government shall take appropriate action

in the matter in accordance with the rule provided under Act of

2001.

7. Accordingly, the application (I.A.No.01/2025) stands

disposed of.

8. List the matter on 03.12.2025 and along with connected

matters.

(BIPIN GUPTA),J (VINIT KUMAR MATHUR),J

94-102-JatinS/-

(Uploaded on 20/11/2025 at 03:01:10 PM)

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