[2025:RJ-JP:10117] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 3322/2025 Apna Bachat Ghar Yojna Mahila Sahkari Samiti Limited, Harmada, Jaipur Through Secretary, Chanchal Sharma W/o Radhey Shyam Sharma, Aged About 64 Year, R/o Bus Stand Harmada, Sikar Road, Jaipur. ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, Department Of Cooperative, Secretariat, Jaipur 2. Registrar, Cooperative Society, Government Of Rajasthan, Sahkar Bhawan, Sahkar Circle, Jaipur. 3. Deputy Registrar, Cooperative Society, Jaipur (Rural), Room No. 609, 5Th Floor, Mini Secretariat, Bani Park, Jaipur. 4. Shri Navneet Saini, Inspector, Office Of Sub Registrar, Cooperative Societies (City), Room No. 609, Mini Secretariat, Bani Park 5. Shri Pradeep Kagat Inspector, Office Of Sub Registrar, Cooperative Societies (City), Room No. 609, Mini Secretariat, Bani Park ----Respondents For Petitioner(s) : Mr. Ashwani Kumar Chobisa For Respondent(s) : HON'BLE MR. JUSTICE SUDESH BANSAL Order 06/03/2025 1. Petitioner-Apna Bachat Ghar Yojna Mahila Sahkari Samiti Limited has invoked the writ jurisdiction of the High Court under Article 226 of Constitution of India, challenging the order dated 07.02.2025 passed by the Deputy Registrar, Cooperative Society, Jaipur (Rural) whereby in exercise of its powers under Section 55 (5) (6) of the Rajasthan Cooperative Societies Act, 2001 (for short “2001 Act”) and relying upon the inquiry report, the petitioner- Samiti has been ordered to wind up. 2. Learned counsel for the petitioner vehemently argued that the impugned order suffers from gross violation of the principles [2025:RJ-JP:10117] (2 of 2) [CW-3322/2025] of natural justice, as copy of the inquiry report was never forwarded to the petitioner-society, which is essential as per Section 55 (5) of 2001 Act and further before passing an order of winding up, an opportunity of hearing to petitioner-society is mandatory, which too has not been accorded. 3. Counsel for the petitioner during the course of arguments admits that the order impugned herein, is appealable before the Registrar by virtue of Section 104 of 2001 Act. 4. This Court is of considered opinion that the legal point so raised by the petitioner-samiti, are open for the petitioner to raise before the Appellate Authority as well. 5. Learned counsel having argued the writ petition for some time, seeks permission to withdraw the same with liberty to file an appeal against the impugned order before the Registrar Cooperative Societies Act, under Section 104 of 2001 Act. 6. Considering the exigency in the matter and grounds on which the impugned order has been challenged, it is expected that the Registrar shall extend prompt hearing on the appeal and the stay application, filed by the petitioner. 7. With aforesaid observations, the writ petition stands disposed of. 8. Stay application and pending application, if any, also stand disposed of. (SUDESH BANSAL),J TN/14