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2025 DAILYLAW 48447 (RAJ)

MAHENDRA KUMAR SHARMA S/O LATE SHRI MADAN LAL SHARMA v. REGISTRAR, COOPERATIVE SOCIETIES

CW/14276/2025 · 2025-10-06

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:40455] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14276/2025 Mahendra Kumar Sharma S/o Late Shri Madan Lal Sharma, Aged About 42 Years, Suspended Chief Executive (Assistant Manager), Haripura Gram Seva Sahakari Samiti Ltd., Haripura, Panchayat Samiti Sambhar Lake, District Jaipur And R/o - Kalakh, Tehsil Jobner, District Jaipur, Rajasthan. ----Petitioner Versus 1. Registrar, Cooperative Societies, Rajasthan, Nehru Sahkar Bhawan, Jaipur. 2. Sub Registrar, Cooperative Societies, Jaipur Rural, Jaipur, Rajasthan. 3. Investigating Officer And Block Cooperative Inspector, (Haripura Gram Seva Sahkari Samiti Ltd.) Panchayat Samiti Jobner, Cooperative Societies, Jaipur Rural, Mini Secretariat, Banipark, Jaipur, Rajasthan. 4. Haripura Gram Seva Sahkari Samiti Ltd., Haripura, Panchayat Samiti - Sambhar Lake, District Jaipur, Raj. Through Chairman. ----Respondents For Petitioner(s) : Mr. R.M. Jain HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 06/10/2025 1. Aggrieved from order dated 22.07.2025 in Revision No.6/2024 passed by the Registrar, Cooperative Societies, Rajasthan, Jaipur, instant writ petition is filed by the petitioner. 2. Considered submissions of learned counsel for the petitioner and perused the material as referred by learned counsel. 3. It is contended that without requisite record, the Registrar, Cooperative Societies has maintained the order dated 08.04.2024 [2025:RJ-JP:40455] (2 of 2) [CW-14276/2025] and enquiry report dated 02.04.2024. He further submits that without waiting for requisition of record which was not available at the time of disposal of revision, the Registrar has directed the Deputy Registrar, Co-operative Societies, Jaipur Rural to issue fresh order after opportunity of hearing under Section 57 of Rajasthan Co-operative Societies Act, 2001 and Rule 76 of Rules made thereunder. He also submitted that the direction of the Registrar clearly reflect that said findings were maintained on surmises and conjuncture, which may impact process of hearing pending before the Deputy Registrar. He submits that a liberty to granted to him to raise all these grounds before the Deputy Registrar and the Deputy Registrar may be directed to pass an order without being influenced from the order passed by the Registrar, Co-operative Societies. 4. Having considered submissions and also the material as placed on record, the writ petition is disposed of as withdrawn with liberty as aforesaid. However, the Respondent Nos. 2 and 3 are hereby directed to pass an appropriate order in accordance with law as per direction dated 22.07.2025 (Annexure-14) but without being influenced from any observation made by the Registrar, Co-operative Societies, Rajasthan, Jaipur in order dated 22.07.2025. The respondent is also directed to pass a speaking and reasoned order within a reasonable time from the date of receipt of a copy of this order. 5. Misc. Application, if any, stands disposed of. (ASHOK KUMAR JAIN),J MR/48