Order

1. On the request of the learned counsel appearing on behalf of the petitioner, the present writ petition is taken up and heard for final disposal at the admission stage.

2. The grievance in the present writ petition is inaction on the part of the Appellate Authority in considering the appeal and the application filed by the petitioner against the surcharge proceedings drawn under Section 57 of the Rajasthan Co-operative Societies Act, 2001 (hereinafter referred to as ‘the Act of 2001’).

3. The grievance of the petitioner is that the respondent No.1— Deputy Registrar, Co-operative Societies has drawn the surcharge proceedings vide order dated 31.12.2024 (Annex.1) under Section 57 of the Act of 2001 and directed the petitioner to pay Rs.33,85,441.11 along with interest at the rate of 12%. Being aggrieved by the said order, the petitioner preferred an appeal before the respondent No.1 on 11.03.2025 along with an application to stay the impugned surcharge proceedings dated 31.12.2024. However, neither the appeal nor the application filed to stay the surcharge proceedings has been considered, nor has any order been passed. Meanwhile, the respondent No.1 has issued a notice directing the petitioner to pay the said amount, failing which they will sell the property to recover the amount. The said letter/notice was issued on 13.05.2025 and was served upon the petitioner on 03.04.2026.

4. The apprehension of the petitioner is that there is no hope of the said proceedings or the appeal proceedings being taken up, as the respondent No.1 is burdened with substantial administrative work. Apart from his office, he is also in charge of another office; therefore, he seeks that the proceedings may be stayed till the appeal is decided.

5. In the said circumstances, this Court is not inclined to stay the proceedings; however, if the appeal was filed one year back along with the stay application, there is no justification for the Appellate Authority to keep such application and the appeal pending without passing any order, even though they are burdened with administrative work. The respondent No.1— Registrar, Co-operative Societies is under an obligation to decide the appeal or at least the interim stay application so that the petitioner would have other remedies based on the orders to be passed on the interim application. The respondent No.1 has not resorted to such proceedings. The impugned order herein only suggests contemplation of sale proceedings, and no sale proceedings have been initiated as on date. Therefore, intervention of this Court at this stage is unwarranted, for the reason that this Court is inclined to direct the respondent No.1 to dispose of the interim stay application on the next date of hearing, which is fixed as 12.05.2026.

6. In view of the above, the present writ petition is disposed of, directing the respondent No.1 either to dispose of the appeal or at least ensure that the interim stay application is considered and disposed of on the next date of hearing. In the event the respondent No.1 has not decided the application by the next date of hearing as directed, and if the sale proceedings are initiated prior to the next date of hearing of the appeal, the petitioner is at liberty to approach this Court.

7. All pending application(s), if any, shall also stand dispose of.