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2025 DAILYLAW 2428 (CHH)

CHIEF EXECUTIVE OFFICER v. AJAY SHYAM

WPC/295/2025 · 2025-01-17

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:3012 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 295 of 2025 1 Chief Executive Officer District Co-Operative Central Bank, Ambikapur, District Surguja (Chhattisgarh) ... Petitioner(s) versus 1 Ajay Shyam S/o Amarsai President, Adim Jati Seva Sahakari Samiti Maryadit, Umeshwarpur, Tehsil Premnagar, Dist. Surajpur (C.G.) 2 Managing Director Cg Rajya Sahakari Vipnan Sangh Maryadit, Raipur, Cbd, 6th Floor, Sector 21, Naya Raipur, Dist. Raipur (C.G.) 3 Managing Director Cg Rajya Sahakari Bank Maryadit, Raipur, Sahakar Bhawan, Plot No. 76, Sector 24, Naya Raipur, Dist. Raipur (C.G.) 4 District Vipnan Adhikari Cg Rajya Sahakari Vipnan Sangh Maryadit, Surajpur, Dist. Surajpur (C.G.) ...Respondent(s) For Petitioner(s) : Shri Sanjay Patel, Advocate For Respondent(s) No. 3 : Shri Ankit Verma on behalf of Shri Jitendra Pali, Advocate 2 Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 17/01/2025 Heard. 1. By the present writ petition, the petitioner is questioning the order of Chhattisgarh State Cooperative Tribunal dated 16/01/2024 (Annexure P/1) by which the review application filed by the petitioner was rejected. 2. Learned counsel appearing for the petitioner by referring the order dated 25.03.2022 submits that the Tribunal has observed that the order passed by the Joint Registrar, Cooperative Societies which was under Challenge in the appeal was null and void however, it has been mentioned that the second appeal filed by the petitioner is dismissed. He further submits that there is a typographical mistake in the order dated 18/10/2022, though the order of the Joint Registrar was stated to be null and void but it has been mentioned that the second appeal has been dismissed. The petitioner brought the said fact before the learned Tribunal however the impugned order Annexure P/1 has been passed by the Tribunal observing that the review sought by the petitioner is not coming under the purview of review and the review of the same order cannot be made and the application for review is dismissed as not maintainable. 3. I have heard the learned counsel for the petitioner and perused 3 the documents. 4. Perusal of the impugned order would show that the Tribunal has observed that the order passed by the Joint Registrar as null and void however, it has been mentioned that the second appeal is dismissed. It appears that though the Tribunal quashed the order under challenge in the appeal but it has wrongly been mentioned that the second appeal has been dismissed. 5. It appears from the impugned order dated 16/01/2024 (Annexure P/1) that the Tribunal without appreciating the fact that the mentioning of dismissal of the second appeal is just a typographical mistake and without considering the same passed the impugned order and rejected the review application filed by the petitioner. Hence the order impugned (Annexure P/1) is hereby quashed and the matter is remanded back to the tribunal to review the order dated 18/10/2022 in accordance with law by appreciating the contention raised by the petitioner and examining the order dated 18/10/2022 passed by the Tribunal in appeal case No. Nil/2022. 6. With the aforesaid observation and direction, this writ petition is disposed of. Sd/- (Bibhu Datta Guru) JUDGE Jyoti