LAKE VIEW COOPERATIVE HOUSE BUILDING SOCIETY LIMITED AND ANR. v. UNION TERRITORY OF J AND K AND ORS. (COOPERATIVE DEPARTMENT)
WP(C)/242/2022 · 2025-02-24
Rahul Bharti
body2025
DailyLaw.ai
[ 2025 DAILYLAW 6168 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6168 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Sr. No. 12 Regular List IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR
WP (C) No. 242/2022 Lake View Cooperative House Building Society Ltd. and Another …Petitioner(s)/appellant(s) Through: Mr. M.Y. Bhat, Sr. Advocate with Mr. Sajid Ahmad, Advocate Vs. UT of JK and others ...Respondent(s) Through: Mr. Satinder Singh, AAG with Mr. Faheem Shah, GA CORAM:
HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE
O R D E R 24.02.2025
1. Pursuant to the directions of this court, Mr. Mohammad Shafi Chak, Registrar Cooperative Societies, Jammu and Kashmir is present in person. 2. Mr. Mohammad Shafi Chak joined as Registrar Cooperative Societies, Jammu and Kashmir in January, 2024 and ever since then has been proactive in dealing with the defunct/dormant cooperative societies which with the passage of time are found to have gone to non-functional state. However, with respect to present two petitioners, being the two cooperative societies, Mr. Mohammad Shafi Chak, Registrar Cooperative Societies submits that their registration is still operative and unless and until the two petitioners set their respective house in order in accordance with the Cooperative Societies Act, 1989 read with the rules thereunder Arif Hameed I attest to the accuracy and authenticity of this document 01.03.2025
only then the matter of election of management of the two cooperative societies can come into picture. 3. This writ petition is disposed of with liberty reserved to the Registrar Cooperative Societies, Jammu and Kashmir to notify the petitioners about the default/deficiencies obtaining with respect to their continuing existence and registration as cooperative societies which are required to be set to correction and compliance at the end of the petitioners so as to bring two societies on rails and, accordingly, the issue of election of the management bodies of the two petitioners can be undertaken. 4. Before the Registrar Cooperative Societies, Jammu and Kashmir proceeds put on the two petitioners to notice to the requisite effect, the petitioners are directed to report themselves before Registrar Cooperative Societies, Jammu and Kashmir within a period of one week along with all requisite documents relating to the registration, registered office, membership etc, whereupon the Registrar Cooperative Societies, Jammu and Kashmir shall act accordingly in the matter of notifying the petitioners about the deficiencies/defects attending their working/functioning for providing the petitioners time to do the needful compliance. 5.
5. Exercise to this effect be taken within maximum time line of four months from today onwards and in case if the petitioners still feel aggrieved that the democratic functioning of the Arif Hameed I attest to the accuracy and authenticity of this document 01.03.2025
petitioners has not been restored to the petitioners then the disposal of the writ petition will not come in the way of the petitioners to come afresh with the writ petition. 6. Disposed of. (RAHUL BHARTI)
JUDGE
SRINAGAR 24.02.2025 ARIF
Arif Hameed I attest to the accuracy and authenticity of this document 01.03.2025