VIRENDRA SINGH S/O SHRI RAMAVTAR v. THE DEPUTY REGISTRAR CO-OPERATIVE SOCIETIES
CW/5882/2026 · 2026-04-02
Sameer Jain
Transfer Petitionbody2026
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[ 2026 DAILYLAW 1502 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 1502 (RAJ) · dailylaw.ai ]
Judgment text
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[2026:RJ-JP:13736] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5882/2026 Virendra Singh S/o Shri Ramavtar, Aged About 50 Years, Ex- President Gram Seva Sahakari Samiti Limited, Ajmeripur, Village Post Karoda, Tehsil Behror. Presently District Kotputli- Behror, Rajasthan. ----Petitioner Versus
1. The Deputy Registrar Co-Operative Societies, Khairthal, District Khairtal-Tijara.
2. Shriyut Srichand Yadav Son Of Shri Shyodan, Resident Of Karoda, Tehsil Behror. At Present District Kotputli, Behror.
3. Smt. Sushila Devi, Wife Of Shri Ramavtar, Sanchalak, Gram Seva Sahakari Samiti Limited, Ajmeripur, Village Post Karoda, Tehsil Behror, Presently District Kotputli Behror.
4. Phool Singh Yadav, Then Vyavasthapak, Gram Seva Sahakari Samiti Limited, Ajmeripur, Tehsil Behror, District Kotputli Behror.
5. Gram Seva Sahakari Samiti Limited, Ajmeripur Through Administrator, Address Ajmeripur, Tehsil Behror, District Kotputli Behror, Rajasthan. ----Respondents For Petitioner(s) : Mr. Abhimanyu Singh Yaduvanshi For Respondent(s) : Mr. Hansraj Kuldeep, AGC HON'BLE MR. JUSTICE SAMEER JAIN
Judgment 02/04/2026
1. The instant writ petition has been filed under Article 227 of the Constitution of India assailing the impugned order dated 25.02.2026 passed by the Rajasthan State Co-operative Tribunal, Jaipur in Appeal No. 25/2024, whereby the application filed by the
[2026:RJ-JP:13736] (2 of 3) [CW-5882/2026] petitioner under Order XI Rule 12 read with Section 151 of the C.P.C. and Section 105(11) of the Rajasthan Co-operative Societies Act, 2001, seeking to summon the relevant records/documents from respondent No. 4, was dismissed.
2.
Learned counsel for the petitioner has submitted that the impugned order is an interlocutory and non-speaking order, which severely frustrates the rights of the petitioner and defeats the interest of justice. It is submitted that the sole controversy involved in the pending appeal is whether the petitioner was a ‘loanee’ or not, as his election to the post of President was nullified on this specific ground. It is further submitted that this pivotal fact/issue can only be ascertained only from the official records. Learned counsel further submits that respondent No.4 was formerly the Administrator of the Ajmerpuri Gram Seva Sahakari Samiti Limited. Howsoever, despite vacating the said office, he is deliberately withholding the committee’s records and has failed to hand over the relevant files.
3. On the directions of this Court, Mr. Hansraj Kuldeep, learned AGC, has marked his presence on behalf of the respondents-State.
4. Upon a perusal of the material available on record, learned AGC, is not in a position to refute the fact that the impugned order dated 25.02.2026 is a non-speaking order.
5. Having heard the arguments advanced by learned counsel for the parties, this Court is of view that to uphold the principles of natural justice, the production of the said documents is imperative, and the rejection of the application by the learned Tribunal is wholly unjustified.
[2026:RJ-JP:13736] (3 of 3) [CW-5882/2026]
6. In light of the aforesaid facts and circumstances, where the core issue squarely hinges upon the documentary records, the rejection of the application without assigning cogent reasons cannot be sustained in the eyes of law.
7. Consequently, this Court is inclined to allow the present writ petition. The impugned order dated 25.02.2026 passed by the Rajasthan State Co-operative Tribunal, Jaipur is quashed and set aside. The learned Tribunal is directed to summon the requisite records and adjudicate the matter afresh, strictly in accordance with law and by adhering to the principles of natural justice, as expeditiously as possible.
8. Accordingly, the instant writ petition is allowed. Pending application(s), if any, shall stand(s) disposed of.
(SAMEER JAIN),J JKP/10