Rajasthan High Court - Jodhpur
Ganpat Singh Parmar vs Union Of India (2023:Rj-Jd:33134) on 6 October, 2023
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
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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 (Downloaded on 12/11/2023 at 07:12:04 AM) [2023:RJ-JD:33134] (8 of 8) [CW-5592/2023] 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.
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