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2016 Supreme(Online)(RAJ) 33

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH
M.N. BHANDARI, J
Nand Lal Kalal – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Mr. R.M. Jain, for petitioner; Mr. Bhuvnesh Sharma, Dy. Govt. Counsel, for State; Mr. Ganesh Meena, for respondent-Central Cooperative Bank

M.N. BHANDARI, J.

By this writ petition, a challenge is made to the order dated 17th October, 2013 issued by the Deputy Register, Cooperative Societies, Jhalawar. It is by invoking Section 125(1) of the Rajasthan Cooperative Societies Act, 2001 (in short "the Act of 2001"). A challenge to the orders dated 4th June, 2013 and 30th August, 2013 has also been made.

2. Learned counsel for petitioner submits that in view of provisio to Section 125 of the Act of 2001, the Registrar is not having authority to pass order against a resolution taken by the Short Term Cooperative Credit Structure Society (in short "the Structure Society"). The impugned orders have been passed by invoking Section 125 of the Act of 2001, whereas the automany has been given to the structure society for financial & internal administrative matters under Section 30B of the Act of 2001. In view of above, impugned orders deserve to be quashed having been passed in ignorance of Section 30B and provisio to Section 125 of the Act of 2001. The issue raised herein has already been determined by the Division Bench of this court in the case of Tej Singh Vs. Hanumangarh Central Co-operative Bank Ltd. & Ors., D.B. Civil Special

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