IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 2 ^nd DAY OF SEPTEMBER, 2022 BEFORE HON’BLE MR. JUSTICE AJAY MOHAN GOEL CIVIL MISC. PETITION MAIN (ORIGINA L) No. 308 of 2021 Between:-

1. PARMA NAND SHARMA S/O SH. LEKH RAM SHARMA, AGED ABOUT 57 YEARS R/O VILLAGE PATTI, P.O. SEWRA CHANDI, TEHSIL ARKI, DISTRICT SOLAN, H.P.

2. PITAMBER SHARMA S/O SH.

PARAS RAM, R/O VILLAGE ROURI (BANLI), P.O. MANGOO, TEHSIL ARKI, DISTRICT SOLAN, H.P.

3. VIRENDER SHARMA S/O SH.

UMA DUTT, R/O VILLAGE PATTI, P.O. SEWRA CHANDI, TEHSIL ARKI, DISTRICT SOLAN, H.P.

……….PETITIONERS (BY MR. SANJEEV BHUSHAN, SENIOR ADVOCATE WITH MR. RAJESH KUMAR ADVOCATE)

AND

1. STAE OF HIMACHAL PRADESH, THROUGH SECRETARY (CO-OPERATION) TO THE GOVERNMENT OF HIMACHAL PRADESH.

2. STATE OF HIMACHAL PRADESH, THROUGH DEPUTY SECRETARY (CO-OPERATION), TO THE GOVERNMENT OF HIMACHAL PRADESH. 3. JOINT REGISTRAR (CONSUMER), COOPERATIVE SOCIETIES HIMACHAL PRADESH, SHIMLA-9.

4. THE GOLDEN LANDLESS LOOSER AND HOUSELESS TRANSPORT COOPERATIVE SOCIETY LTD., CHANDI, BRANCH OFFICE DARLAGHAT, TEHSIL ARKI, DISTRICT SOLAN, H.P., THROUGH ITS ADMINNISTRATOR. 5. ASHWANI KUMAR S/O SH.

RAMANAND, WRONGLY MENTIONED AS PARMA NAND, R/O VPO MANGOO, TEHSIL ARKI, DISTRICT SOLAN, H.P.

6. MANSA RAM S/O SH. ATTRU RAM, R/O VPO MANGOO, TEHSIL ARKI, DISTRICT SOLAN, H.P.

7. PREM LAL S/O SH. DEVI CHAND, R/O VILLAGE GHUMARO, P.O. MANGOO, TEHSIL ARKI, DISTRICT SOLAN, H.P.

8. VIDYA DEVI W/O SH. LACHHI RAM, R/O VILLAGE GHUMARO, P.O. MANGOO,TEHSIL ARKI, DISTRICT SOLAN, H.P.

9. RADHA DEVI W/O SH. HET RAM, R/O VILLAGE GHUMARO, P.O. MANGOO, TEHSIL ARKI, DISTRICT SOLAN, H.P. ………..RESPONDENTS (MR. DINESH THAKUR AND SANJEEV SOOD, ADDITIONAL ADVOCATE GENERAL WITH MR. AMIT KUMAR DHUMAL, DEPUTY ADVOCATE GENERAL & MR. MANOJ BAGGA, ASSISTANT ADVOCATE GENERAL, FOR RESPONDENTS-

STATE;)

(M/S AJAY KUMAR, ADVOCATE, FOR R-4;)

(MR. SURINDER SAKLANI, ADVOCATE, FOR RESPONDENTS NO.5 TO 8)

_________________________________________________________

Whether approved for reporting: No This petition coming on for orders this day, the Court passed the following:-

O R D E R

Mr. Surinder Singh, In spector and Mr. Jai Nand, Senior Assistant, office of Registrarr Cooperative Societies, H.P. are present in person in the Court.

2. By way of this petition filed under Article 227 of the Constitution of India, the petitioners have prayed for the following substantive relief:-

1. That impugned order passed (Annexure P-5) by respondent No.2 dated 27.10.2021 may very kindly be quashed and set aside, in the interest of justice.

3. Today, when this case was taken up for consideration, learned senior counsel appearing for the petitioners has drawn the attention of the Court to the order which was passed by the Deputy Secretary (Cooperation) to the Government of Himachal Pradesh in Appeal No.9 of 2021, titled as Ashwani Kumar vs. Joint Registrar (Credit) Cooperative Societies and others (Annexure P-5), dated 27.10.2021, in terms whereof, the order under challenge before the said authority i.e. order dated 19.07.2021, passed by ld. Joint Registrar, Cooperative Societies, H.P., under Sections 72 and 73 of the H.P. Cooperative Societies PAct, was set aside by Deputy Secretary (Cooperation) on the ground that said order was passed by ignoring the factum of death of Sh. Devi Ram, who was one of the respondents i.e. respondent No.23, before the Joint Registrar. o

4. Mr. Sanjeev Bhushan, learned Senior Counsel has also drawn the attention of ther Court to Annexure P-4, which is the copy of order dated 19.07.2021 and has submitted that the arguments in the matter were heard by Joint Registrar Cooperative Societies on 24th April, 2021 and the order was announced on 19th July, 2021, whereas death of respondent No. 23 took place on 12th July, 2021. He submitted that in this view of the fact that as death of respondent No.23 took place after the arguments were heard in the matter and the order was reserved but before pronouncement of the order, therefore, the order which was passed on 19th Ju