Rajasthan High Court - Jodhpur
Atam Chand Agarwal vs The Liquidator, Sbbj Emp. Gnss And Ors on 1 August, 2022
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 4087/2015
R.P. Chalana s/o Shri K.L. Chalana age 62 years r/o 6-B 3,
Jawahar Nagar Sri Ganganagar
----Petitioner
Versus
1. The Liquidator, SBBJ Employees grih Nirman Sahakari Samiti
Ltd. Cum Inspector, Co-operative Societies Sri Ganganagar
2. Registrar, Co-operative societies, Rajasthan, Office of
Sahakari Samitian, Nehru Sahakar Bhavan Jaipur.
3. The Sub Registrar, Co-operative Societies, Office of Sahakari
Samiti 19-A Ashok nagar, Sri Ganganagar
----Respondents
Connected With
S.B. Civil Writ Petition No. 4286/2014
Vijay Kumar Kanwar s/o Shri Girdhari Lal age 63 years r/o 12-N-
Block Sri Ganganagar
----Petitioner
Versus
1. The Liquidator, SBBJ Employees grih Nirman Sahakari Samiti
Ltd. Cum Inspector, Co-operative Societies Sri Ganganagar
2. Registrar, Co-operative societies, Rajasthan, Office of
Sahakari Samitian, Nehru Sahakar Bhavan Jaipur.
3. The Sub-Registrar, Co-operative Societies, Office of Sahakari
Samiti 19-A Ashok nagar, Sri Ganganagar
----Respondents
S.B. Civil Writ Petition No. 5139/2014
Kailash Chander Jindal s/o Shri Late Shri Ram Kumar Jindal age
56 years r/o 85 Bank Colony Sri Ganganagar
----Petitioner
Versus
1. The Liquidator, SBBJ Employees grih Nirman Sahakari Samiti
Ltd. Cum Inspector, Co-operative Societies Sri Ganganagar
2. Registrar, Co-operative societies, Rajasthan, Office of
Sahakari Samitian, Nehru Sahakar Bhavan Jaipur.
3. The Sub Registrar, Co-operative Societies, Office of Sahakari
Samiti 19-A Ashok nagar, Sri Ganganagar
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----Respondents
S.B. Civil Writ Petition No. 4018/2015
Ramji Lal s/o Shri Gopalji age 62 years r/o 82 Bank Colony Sri
Ganganagar
----Petitioner
Versus
1. The Liquidator, SBBJ Employees grih Nirman Sahakari Samiti
Ltd. Cum Inspector, Co-operative Societies Sri Ganganagar
2. Registrar, Co-operative societies, Rajasthan, Office of
Sahakari Samitian, Nehru Sahakar Bhavan Jaipur.
3. The Sub Registrar, Co-operative Societies, Office of Sahakari
Samiti 19-A Ashok nagar, Sri Ganganagar
----Respondents
S.B. Civil Writ Petition No. 4020/2015
Om Parkash Singhal s/o Shri Sri Niwas age 64 years, r/o House
No. 784 Sector 31 Gurgaon Hariyana
----Petitioner
Versus
1. The Liquidator, SBBJ Employees grih Nirman Sahakari Samiti
Ltd. Cum Inspector, Co-operative Societies Sri Ganganagar
2. Registrar, Co-operative societies, Rajasthan, Office of
Sahakari Samitian, Nehru Sahakar Bhavan Jaipur.
3. The Sub Registrar, Co-operative Societies, Office of Sahakari
Samiti 19-A Ashok nagar, Sri Ganganagar
----Respondents
S.B. Civil Writ Petition No. 4024/2015
Ram Chander Choudhary s/o Late Shri Bal Chand age 65 years
r/o 253 Mukherjee Nagar Sri Ganganagar
----Petitioner
Versus
1. The Liquidator, SBBJ Employees grih Nirman Sahakari Samiti
Ltd. Cum Inspector, Co-operative Societies Sri Ganganagar
2. Registrar, Co-operative societies, Rajasthan, Office of
Sahakari Samitian, Nehru Sahakar Bhavan Jaipur.
3. The Sub Registrar, Co-operative Societies, Office of Sahakari
Samiti 19-A Ashok nagar, Sri Ganganagar
----Respondents
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S.B. Civil Writ Petition No. 11436/2015
Atam Chand Agarwal s/o Sh. Nanak Chand Agarwal age 60
years r/o N-Block Sri Ganganagar presently residing at 505 A-
wing Heera Gaurav Jewelers, Film City Marg Goregaon East
Mumbai.
----Petitioner
Versus
1. The Liquidator, SBBJ Employees grih Nirman Sahakari Samiti
Ltd. Cum Inspector, Co-operative Societies Sri Ganganagar
2. Registrar, Co-operative societies, Rajasthan, Office of
Sahakari Samitian, Nehru Sahakar Bhavan Jaipur.
3. The Sub Registrar, Co-operative Societies, Office of Sahakari
Samiti 19-A Ashok nagar, Sri Ganganagar
----Respondents
S.B. Civil Writ Petition No. 14741/2015
Shakti Singh Bhatia s/o Sh. R.L. Bhatia age 59 years r/o Sri
Ganganagar presently residing at Flat No. 173 NFL Enclave
Sector 48A, Chandigarh.
----Petitioner
Versus
1. The Liquidator, SBBJ Employees grih Nirman Sahakari Samiti
Ltd. Cum Inspector, Co-operative Societies Sri Ganganagar
2. Registrar, Co-operative societies, Rajasthan, Office of
Sahakari Samitian, Nehru Sahakar Bhavan Jaipur.
3. The Sub Registrar, Co-operative Societies, Office of Sahakari
Samiti 19-A Ashok nagar, Sri Ganganagar
----Respondents
For Petitioner(s) : Mr. V.K. Aggarwal
For Respondent(s) : Mr. B.S. Sandhu
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order 01/08/2022 The present batch of writ petitions arise out of the similar facts, therefore, they are being disposed of by this common order. (Downloaded on 02/08/2022 at 09:02:06 PM)
(4 of 5) [CW-4087/2015] The facts of S.B.Civil Writ Petition No.4086/2014 (Vijay Kumar Kanwar vs. The Liquidator, SBBJ Employees Grih Nirman Sahkari Samiti Ltd.& Ors) are being taken into consideration for disposal of these batch of writ petitions. In the said writ petition, following prayers were made:-
"a) The Writ Petition may kindly be allowed;
b) An appropriate writ, direction or Order may be issued against the respondents quashing the impugned order dated 16.5.2013 vide Annexure 13 and order dated 31.1.2013 vide Annexure 11 and order dated 25.5.2010 and any resolution upon which it is based and the claim petition of the petitioner may kindly be allowed to allot shop no.2 at old rates as per allotment condition vide annexure 2 or on such terms as this Hon'ble Court may deem fit and proper;
c) Cost of litigation may be awarded to the petitioner.
d) Any other relief which this Hon'ble High Court may deem fit and proper may also be granted in favour of the petitioner".
Learned counsel for the petitioners submits that the impugned orders rejecting their representations/complaints have been passed without taking into consideration the enquiry report dated 07/02/2012 which has been placed on record as Annexure-8. Learned counsel for the petitioners, instead of pressing the writ petitions on merit, seeks liberty to approach the respondent No.-the Registrar, Cooperative Societies, Rajasthan, Jaipur by way of filing the appropriate application/representation under Section 58 of the Rajasthan Cooperative Societies Act, 2001. He, therefore, prays that the respondent No.2/the Registrar, Cooperative Societies, Rajasthan, Jaipur may be directed to consider the representation/application so filed by the petitioners as well as other documents including the enquiry report dated 07/02/2012.
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(5 of 5) [CW-4087/2015] Accordingly, the writ petitions are disposed with liberty to the petitioners to file representation/application before the respondent No.2-the Registrar, Cooperative Societies, Rajasthan, Jaipur within a period of four weeks from today. On receiving such representation/application, the respondent No.2-the Registrar, Cooperative Societies, Rajasthan, Jaipur is directed to decide such representation/application in view of Section 58 of the Rajasthan Cooperative Act, 2001 within a period of three months thereafter strictly in accordance with law.
Needles to say that the respondent No.2-Registrar shall consider the entire material placed before him including the enquiry report dated 07/02/2012.
The stay applications and other pending applications, if any also stand disposed of.
(VINIT KUMAR MATHUR),J 34-41-SanjayS/-
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