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2025 DAILYLAW 11639 (CHH)

KAUSHAL CHANDRAKAR v. STATE OF CHHATTISGARH

WPC/974/2019 · 2025-02-12

Shri Rakesh Mohan Pandey

Transfer Petitionbody2025

Judgment text

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1 2025:CGHC:7489 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 974 of 2019 • Kaushal Chandrakar S/o Late Shri Bhushan Lal Chandrakar Aged About 59 Years R/o Village And Post Chhatera, Tahsil Aarang, District : Raipur, Chhattisgarh ... Petitioner Versus 1. State Of Chhattisgarh Through The Secretary, Department Of Cooperative Societies, Mahanadi Mantralya, Naya Raipur, Atal Nagar, Post Office And Police Station Naya Raipur, Atal Nagar, District : Raipur, Chhattisgarh 2. Registrar Cooperative Societies, Chhattisgarh, Indrawati Bhawan, Naya Raipur, Atal Nagar, Post Office And Police Station Naya Raipur, Atal Nagar, District : Raipur, Chhattisgarh\ 3. Joint Director (Agriculture ) Raipur, District : Raipur, Chhattisgarh 4. Joint Registrar, Cooperative Societies, Raipur, District : Raipur, Chhattisgarh 5. Collector Raipur, District : Raipur, Chhattisgarh 6. Maa Vidya Beej Utpadak Evam Pradayak Krishi Sahakari Samiti Through Its Presdent Arang, District : Raipur, Chhattisgarh ... Respondents For Petitioner : Mr. Dinesh Yadav, Advocate holding the brief of Mr. Aditya Bhardwaj, Advocate For Respondents/State : Mr. Lav Sharma, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 12/02/2025 Heard on admission. 1. The petitioner has filed this petition seeking the following relief(s):- “10.i That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to take appropriate action against the respondent No. 6 who is acting contrary to its own bye-laws and the provisions of the Chhattisgarh Cooperative Societies Act, 1960. Digitally signed by RAMESH KUMAR VATTI 2 10.ii Cost of the petition may also be granted to the petitioner. 10.iii Any other relief, which this Hon'ble Court deems fit and proper, may also kindly be granted to the petitioner, in the interest of justice.” 2. Mr. Dinesh Yadav, learned counsel appearing for the petitioner would submit that the petitioner’s representation against the private respondent is pending consideration before the Registrar Cooperative Societies, but till date, no action has been taken. He would contend that the private respondent was selling fertilizers and pesticides contrary to the applicable rules. He would pray to direct the Registrar Cooperative Societies to take an appropriate decision. 3. On the other hand, Mr. Lav Sharma, learned Panel Lawyer appearing for the State would submit that earlier WPC No. 1510/2016 was filed claiming therein a similar relief which was dismissed as withdrawn and no liberty was reserved in favour of the petitioner to revive his prayer, therefore, the petition is not maintainable. He would further submit that the representation of the petitioner has already been examined by the Additional Registrar Cooperative Societies, Raipur and the same was rejected on 27.09.2021 and the said order has not been challenged by the petitioner. 4. I have heard learned counsel for the parties and perused the documents. 5. Taking into consideration the fact that earlier WPC No. 1510/2016 was filed seeking a similar relief, and the same was dismissed as withdrawn, but no liberty was granted in favour of the petitioner to revive his prayer, therefore, this petition is not maintainable. Further, the representation of the petitioner has already been rejected by the 3 Additional Registrar Cooperative Societies, therefore, no relief as prayed can be granted. 6. Taking into consideration the above-stated facts, this petition fails and is hereby dismissed at the admission stage. Sd/- (Rakesh Mohan Pandey) Judge vatti