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

2010 Supreme(Raj) 710

[Citation : 2011(1) RLW 763 (Raj.)]
(Rajasthan High Court)
Jaipur Bench
Rajesh Kumar Bhojnagarwala & Ors. Vs. State of Raj. (Sharma, J.)
HON'BLE MAHESH CHANDRA SHARMA, J.
Rajesh Kumar Bhojnagarwala & Ors.
Versus
State of Rajasthan & Ors.
S.B. Civil Writ Petition No. 11955 of 2008, decided on 27.7.2010

Advocates Appeared
N.K. Maloo, for Petitioners;
Ashok Mishra, for Respondent No. 5;
Pradeep Shrimal, Addl. Government Advocate

Headnote:(a) Rajasthan Cooperative Societies Act,2001, Sec. 55, 58 — Power of Registrar — Inquiry by Registrar — Forged allotment/pattas put before the official Liquidator of the society — Liquidator issued revised allotment letters — Enquiry made by the Registrar u/Sec. 55of the Act of 2001 — Held — It was a complaint against the Liquidator of the society, who was official under the direct control of the Registrar — Registrar was competent to enquire matters relating to the complaints received by him against Liquidator — Enquiry was legal. (Paras 11 & 12)

       ¼d½ jktLFkku lgdkjh lfefr;ka vf/kfu;e] 2001] /kkjk 55] 58 & jftLVªkj dh 'kfDr;ka & jftLVªkj }kjk tkap & lfefr ds 'kkldh; lekid ds le{k dwVjfpr vkoaVu@iV~Vs j[ks & lekid us iqujhf{kr vkoaVu-i= tkjh fd;s & jftLVªkj }kjk 2001 ds vf/kfu;e dh /kkjk 55 ds rgr tkap dh xbZ & vfHkfu/kkZfjr & lfefr ds lekid ds fo:) ;g ,d f'kdk;r Fkh] tks fd jftLVªkj ds lh/ks fu;U=.k esa ,d deZpkjh Fkk & lekid ds fo:) jftLVªkj }kjk izkIr ifjoknksa ls lEcfU/kr ekeyksa esa tkap djus gsrq og l{ke Fkk & tkap oS/k FkhA ¼in la[;k 11 o 12½

       (b) Rajasthan Co-operative Societies Act,2001, Sec. 107 — Power of revision of the Government and the Registrar — Order passed by Co-operative Minister for referring the matter u/Sec. 58 of the Act of 2001 — Order passed u/Sec. 55 by the Registrar Co-operative Societies — Co-operative Minister passed the order without impleading the petitioners as parties — Held — Giving a reasonable opportunity of hearing is necessary for passing any order u/Sec. 107 of the Act of 2001 — Order passed by Minister without hearing the affected person deserves to be set-aside.(Para 11)

       ¼[k½ jktLFkku lgdkjh lfefr;ka vf/kfu;e] 2001] /kkjk 107 & ljdkj ,oa jftLVªkj dh iqujh{k.k dh 'kfDr & 2001 ds vf/kfu;e dh /kkjk 58 ds rgr ekeyk funsZf'kr djus gsrq lgdkfjrk ea=h }kjk vkns'k ikfjr fd;k x;k & jftLVªkj lgdkjh lfefr;ka }kjk /kkjk 55 ds rgr vkns'k ikfjr fd;k x;k & izkFkhZx.k dks i{kdkj cuk;s fcuk lgdkfjrk ea=h }kjk vkns'k ikfjr fd;k x;k & vfHkfu/kkZfjr & 2001 ds vf/kfu;e dh /kkjk 107 ds rgr dksbZ Hkh vkns'k ikfjr djus ds fy, lquokbZ dk rdZ laxr volj nsuk vko';d gS & izHkkfor O;fDr dks lqus fcuk ea=h }kjk ikfjr vkns'k vikLr fd;s tkus ;ksX; gSA

       ;kfpdk Lohdkj dhA ¼in la[;k 11½

Hon'ble SHARMA, J.—This writ petition has been filed by the petitioners praying that the impugned order dated 4.9.2008 (Annexure-1) passed by the Cooperative Minister, Government of Rajasthan may kindly be quashed and set aside.

2. Brief facts of the case are under:

The petitioners filed a complaint before the Registrar interalia alleging that they are holding plot Nos. 3 and 4 in Shri Ram Colony -B, Tonk Road Jaipur which were allotted by Jawaharpuri Bhawan Nirman Sahakari Samiti (in short cooperative Society) in the year 1982-1983. It was stated in the complaint that they constructed room and boundary wall but now it is learnt that certain persons have presented forged allotment/pattas before the Liquidator of the society and on the basis of these forged documents, the Liquidator has issued revised allotment letters for these plots. It was prayed that after making enquiry into the matter, the forged/revised allotment letters may kindly be cancelled. The complaint reads as under:

^^lsok esa]

Jheku jftLVªkj lgdkjh lfefr;ka]

t;iqj

fo"k;&tkap djokus ckcrA

egksn;]

mijksDr fo"k;kUrxZr fuosnu gS fd tokgjiqjh Hkou fuekZ.k lgdkjh lfefr fyfeVsM] t;iqj jft- uEcj 2294 ,y dh ;kstuk Jhjke dkyksuh] ch VkSad jksM t;iqj esa fLFkr gS] ftlesa IykV uEcj 03 Jh jkts'k dqekj Hkkstuxjokyk o IykV uEcj 04 Jherh ljkst nsoh ds uke lu~ 1982 o 1983 esa vkoaVu gqvk Fkk] bl ij gekjh ckm.Mªh oky cukbZ gqbZ gSA gesa Kkr gqvk gS fd bu IykaVksa ds QthZ iV~Vs rS;kj dj lekid egksn; ds le{k is'k dj vf/kdkj i= o vkoaVu i= fjokbZt ¼vkoaVu i=½ rS;kj dj ys x;s gSaA

vr% vkils fuosnu gS fd mijksDr fo"k; esa Jheku ls vuqjks/k gS fd Jheku~ vius Lrj ij fu"i{k tkap djokdj tks vf/kdkj i= vkoaVu i= ys x;s gSa mudks jn~n djus dk d"V djsaA

g-

izkFkhZ**





The Registrar examined the matter and issued directions to the Joint Registrar Cooperative Societies vide order dated 13.4.2007 under Section 55 of the Rajasthan Cooperative Societies Act, 2001 (in short the Act of 2001) on the following issues as there were number of other complaints also:

(i) Whether the Liquidator has got any authority under Section 64 of the Act to issue revised allotment letters?

(ii) Whether the liquidator has followed prescribed procedure in issuing the revised allotment letters?

(iii) How many revised allotment letters have been issued by the Liquidator?

The petitioners got a public notice published in Rajasthan Patrika dated 6.5.2007 informing the public that enquiry in respect of the plots is being made by the Joint Registrar, therefore nobody should enter into any transaction in respect of these rules plots with Shri Abdul Rehman Qureshi. After issuing notice to the respondent No. 5, petitioners and other concerned persons, the Joint Registrar Cooperative Societies made thorough enquiry in the matter of allotment of various plots, issue of revised allotment lettters/ pattas by the Liquidator and related issues as per order of the Registrar and submitted his report running into 35 pages. The report was examined by the Registrar and ultimately by order dated 6.9.2007, he issued directions interalia for cancellation of revised pattas of plot numbers 1, 3, 4, 5 and 138 and issued various other directions. In pursuance of the order of the Registrar dated 1/6.9.2007 the Deputy Registrar on 7.2.2008 cancelled the revised pattas issued in respect of plots Nos. 1, 3, 4, 5 and 138 on the basis of transfers made on the basis of forged documents and also cancelled the duplicate allotment letters issued in respect of plot Nos. 71, 91, 142, 165, 206, 181, 127, 159, 100 and 204. The respondent No. 5 filed revision petition before the Cooperative Minister, Government of Rajasthan against order dated 1/6.9.2007 of the Registrar. The petitioners stated in the writ petition that though the Registrar issued directions on the complaint filed by the petitioners but the petitioners were not impleaded as parties in the revision petition. When the petitioners came to know about the filing of the revision petition before the Cooperative Min








































































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
whatsapp-icon Back to top