[2025:RJ-JP:10544] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 1965/2025 Ramesh Kumar Sharma Son Of Shri Bajrang Lal Sharma, Aged About 52 Years, Resident Of Ward No. 06, Dadiya, District Sikar, Rajasthan-332024. ----Petitioner Versus 1. Managing Director, Sikar Central Cooperative Bank Ltd. Sikar. 2. Special Auditor, Cooperative Societies, Sikar. 3. Dadiya Gram Sewa Sahkari Samiti Ltd., Dadiya, P.s. Piprali, District Sikar Through Manager. ----Respondents For Petitioner(s) : Mr. Pramod Kumar Saini For Respondent(s) : HON'BLE MR. JUSTICE SUDESH BANSAL Order 07/03/2025 1. By means of filing instant writ petition under Article 226 of the Constitution of India, petitioner has challenged the judgment dated 02.12.2024 passed by the Deputy Registrar, Co-operative Societies, Sikar in case No.24/2017, allowing recovery of the gratification amount, due against father of the petitioner namely Bajrang Lal (now deceased), from the petitioner. 2. Counsel for petitioner submits that father of petitioner namely, Bajrang Lal (now deceased) was the Manager in Dadiya Gram Sewa Sahakari Samiti Ltd. and had been retired from service vide order dated 28.02.2006 and thereafter, he passed away on 11.06.2016. An enquiry of the account books was [2025:RJ-JP:10544] (2 of 3) [CW-1965/2025] conducted and thereafter, on the basis of enquiry report, recovery of Rs.10,03,945.65/- has been ordered against Bajrang Lal and one Shri Bhim Singh. Since Bajrang Lal had passed away, such recovery has been ordered to be made from his legal representative i.e. the petitioner who is son of Bajrang Lal. Counsel for the petitioner has placed reliance on an order passed by the Co-ordinate Bench of this Court dated 14.02.2024 in S.B. Civil Writ Petition No.324/2010 titled Nand Lal and Anr. Vs. State of Rajasthan and Ors. 3. Counsel for the petitioner submits that enquiry was initiated against father of petitioner after his death which is void ab initio and no recovery against the petitioner can be ordered. 4. However, counsel for the petitioner, during course of arguments, admitted that the order impugned is appealable before the Registrar, Co-operative Societies by virtue of Section 104 of the Rajasthan Co-operative Societies Act, 2001 and without availing the statutory remedy of appeal, petitioner has filed the instant writ petition. In such view, counsel for the petitioner is agreeable to withdraw the writ petition with liberty to file an appeal before the Registrar, Co-operative Societies. 5. In view of above, writ petition is disposed of with the liberty to petitioner to file an appeal against the order dated 02.12.2024 before the Registrar, Co-operative Societies. It is hereby observed that in case, petitioner files an appeal along with stay application within a period of 30 days from today, Registrar, Co-operative Societies shall consider the same on [2025:RJ-JP:10544] (3 of 3) [CW-1965/2025] merits, ignoring the delay, and pass appropriate orders in accordance with law, at the earliest. 6. Any other pending application(s), if any, stands disposed of. (SUDESH BANSAL),J SOURAV /58