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2025 DAILYLAW 15380 (RAJ)

PADANGA GRAM SEWA SAHAKARI SAMITI LIMITED v. STATE OF RAJASTHAN

CW/5586/2025 · 2025-04-17

Sudesh Bansal

body2025

Judgment text

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[2025:RJ-JP:16370] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5586/2025 Padanga Gram Sewa Sahakari Samiti Limited, Padanga, Tehsil Bhinai, District Ajmer Through Its Chairman - Mr. Sanjay Singh Chopra Son Of Shri Nathulal, Aged 34 Years. ----Petitioner Versus 1. State Of Rajasthan, Through Its Secretary, Co-Operative Department, Government Of Rajasthan, Jaipur 2. The Co-Operative Department, Through Its Registrar, Nehru Sahkar Bhawan, Jaipur - 3. Ajmer Central Cooperative Bank Limited, Jaipur Road, Near Old Rpsc Building, Ajmer Through Its Managing Director . 4. The Deputy Registrar, Cooperative Societies, Government Of Rajasthan, Ajmer . 5. Suresh Chand Sharma Son Of Late Shri Radhakishan, Aged About 59 Years, Resident Of Village Padanga, Tehsil Bhinai, District Ajmer. ----Respondents For Petitioner(s) : Mr. Ashish Kishore Saksena For Respondent(s) : HON'BLE MR. JUSTICE SUDESH BANSAL Order 17/04/2025 1. Petitioner -Padanga Gram Sewa Sahakari Samiti Limited by means of filing instant civil writ petition under Article 226 of the Constitution of India has challenged the order dated 03.04.2025 passed by the Deputy Registrar (Cooperative Societies), Ajmer in exercise of powers under Section 125 of Rajastshan Cooperative Societies Act, 2001. During course of argument it has transpired [2025:RJ-JP:16370] (2 of 2) [CW-5586/2025] that any order passed by the Registrar under Section 125 is appealable before the Rajasthan State Cooperative Tribunal under Section 105(g) of the Act and since petitioner has not availed the statutory remedy of appeal against the order impugned, this Court does not deem it fit and proper to exercise its jurisdiction under Article 226 of Constitution of India against impugned order and relegates the petitioner to avail the statutory remedy of appeal before the Tribunal. 2. In view of the above, counsel for the petitioner seeks permission to withdraw the writ petition with liberty to file appeal against the impugned order dated 03.04.2025 before the Tribunal. 3. Permission is granted. 4. Accordingly, writ petition stands disposed of. 5. It is hereby observed that if the appeal is filed by petitioner within a period of 15 days from today, the Tribunal is expected to consider and extend hearing on the appeal and stay application on merits at the earliest. 6. Stay application(s) or pending application(s), if any, also stand disposed of. (SUDESH BANSAL),J ashu /19