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2024 Supreme(Raj) 586

DINESH MEHTA, RAJENDRA PRAKASH SONI
Jog Singh, S/o. Shri Jagat Singh – Appellant
Versus
State of Rajasthan, Through its Principal Secretary, Cooperative Department, Government of Rajasthan – Respondent


Advocates Appeared:
For the Appellant : Mr. B.S. Sandhu.
For the Respondent:Mr. Manish Patel, AAG, Mr. Manish Shishodia, Senior Advocate assisted by Mr. Paramveer Singh Champawat.

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ORDER :

Dinesh Mehta, J.

1. The instant appeal under Section 18 of the Rajasthan High Court Ordinance has been preferred against judgment and order dated 16.05.2024, passed by the learned Single Judge of this Court, whereby the writ petition filed by the petitioner was dismissed holding the same to be premature.

2. The facts in brief are that the petitioner preferred a writ petition and challenged the notice dated 30.04.2024 issued by the Registrar, Cooperative Societies (respondent No.3) under Section 30(1)(b) of the Rajasthan Cooperative Societies Act, 2001 (hereinafter referred to as ‘the Act of 2001’).

3. The petitioner, who is a Chairman of Jalore-Sirohi District Dugdh Utpadak Cooperative Union Limited, Raniwada (hereinafter referred to as ‘the Society’) challenged the notice so issued by the Registrar, Cooperative Societies on various grounds, out of which, the ground which was pressed before the learned Single Judge was that the action of the Registrar/respondents is affecting fundamental rights of the Society to carry on the trade.

4. A reply to the writ petition was filed by the respondents, inter-alia, with an assertion that the notice has rightly been issued as there is a sta

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