SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2023 Supreme(Chh) 69

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
ARUP KUMAR GOSWAMI, ARVIND SINGH CHANDEL, JJ.
Koyla Karmachari Grih Nirman Evum Kalyan Sahakari Samiti Maryadit – Appellant
Versus
State of Chhattisgarh – Respondent
Writ Appeal No. 258 of 2020
Decided On : 09-02-2023

Advocates:
Advocate Appeared:
For the Appellants : Manoj Paranjpe, Shreyansh Agrawal.
For the Respondents: H.S. Ahluwalia, Ashok Kumar Swarnakar.

Headnote:

Constitution of India, 1949 – Article 43B and Article 243-ZL – Indian Stamp Act, 1899 – Section 9 –Chhattisgarh Co-operative Societies Act, 1960 – Section 7, 64, 53 – Application to union territories – Promotion of cooperative societies – Writ appeal has been preferred by petitioner being aggrieved by order by a learned Single Judge of this Court in Writ Petition writ petition has been dismissed – Held, Existence of appellant petitioner society is not dependent upon waiver of stamp duty as granted by State Government – Court considered cannot be treated as financial assistance – Order of suspension of appellant petitioner society is also illegal and without jurisdiction been passed contrary to specific provision order passed by Joint Registrar is liable to be and is quashed – Appeal is allowed.

JUDGMENT :

ARVIND SINGH CHANDEL, J.

1. The instant writ appeal has been preferred by the petitioner being aggrieved by the order dated 3.3.2020 passed by a learned Single Judge of this Court in Writ Petition (C) No. 698 of 2020, whereby the writ petition has been dismissed.

2. Writ Petition (C) No. 698 of 2020 was filed seeking the following reliefs:

    “1. That, this Hon’ble Court may kindly be pleased to writ/writs, order/orders, direction/directions and quashing the impugned order dated 04.01.2020 (Annex.P/1) passed by the Joint Registrar and the Hon’ble Court may kindly be pleased to quash the entire proceedings initiated by the Joint Registrar under Section 53 of the Chhattisgarh Cooperative Societies Act, 1960.

2. That, this Hon’ble Court may kindly be pleased to grant any other reliefs, which is deemed fit and proper in the aforesaid facts and circumstances of the case.”

3. Facts of the case, as narrated in the writ petition, are that the petitioner is a society registered on 1.7.2006 under Section 7 of the Chhattisgarh Co-operative Societies Act, 1960 (henceforth ‘the Societies Act’). Coloniser licence was also issued to the petitioner society on 2.5.2009. The petitioner is a private society having no government share holding or financial assistance, even no guarantee has been given by the government. The petitioner is having its own bye-laws. In view of the relevant provisions of the bye-laws, the board of directors have been elected by the members of the petitioner society. The society was constituted by the employees of the Coal India Limited and South Eastern Coalfields Limited. The society was formed to achieve certain goals, i.e., to provide the place of residence and to provide plots for construction of residential houses on reasonable rates to its members. The petitioner society is working on no profit no loss basis and the employees are the members of the said society. According to the bye-laws, only the members of the society are entitled for plots on reasonable rates fixed by the society. The members of the society have also contributed amounts for running the activities of the society. There are 757 members in the society. The society has not taken any financial assistance or any benefit from the State Government or from the S.E.C.L.

4. It was further pleaded that Respondent No. 5 of the writ petition raised a dispute before the Deputy Registrar, Co-operative Societies with regard to non-payment of certain dues under Section 64 of the Societies Act, which is still pending before the Deputy Registrar, Co-operative Societies, Bilaspur. Respondent No. 5 on similar allegations made a separate complaint to the Joint Registrar, Co-operative Societies and the Joint Registrar without application of mind and without looking to the provisions of Section 53(2) of the Societies Act had issued a show cause notice as to why the petitioner society should not be suspended and administrator be not appointed, which was replied by the petitioner society. However, the Joint Registrar, on 4.1.2020, invoked the power under Section 53(10) of the Societies Act and the petitioner society was placed under suspension until further orders and one Deputy Registrar, Co-operative Societies was appointed as administrator.

5. Being aggrieved by the order dated 4.1.2020, the appellant/petitioner filed Writ Petition (C) No. 698 of 2020 before this Court and the learned Single Judge vide the impugned order dated 3.3.2020 dismissed the writ petition. Hence, this appeal.

6. It was submitted by learned counsel appearing for the appellant/petitioner society that the Joint Registrar has no jurisdiction either to initiate the proceedings under Section 53 of the Societies Act or to place the appellant/petitioner society under suspension as the society is not getting any financial assistance from the State Government and there is no government share holding or loan or any guarantee. It was further argued that the learned Single Judge has also failed to appreciat

          Click Here to Read the rest of this document
          1
          2
          3
          4
          5
          6
          7
          8
          9
          10
          11
          SupremeToday Portrait Ad
          supreme today icon
          logo-black

          An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

          Please visit our Training & Support
          Center or Contact Us for assistance

          qr

          Scan Me!

          India’s Legal research and Law Firm App, Download now!

          For Daily Legal Updates, Join us on :

          whatsapp-icon Back to top