Rajasthan High Court - Jodhpur
Rajendra Kumar 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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