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Bambloo Dugdh Utpadak Sahkari Samiti Limited Vs. the State of Rajasthan and ors. - Court Judgment

LegalCrystal Citation
SubjectTrusts and Societies
CourtRajasthan High Court
Decided On
Case NumberS.B. Civil Writ Petition No. 467/77
Judge
Reported in1981WLN(UC)188
AppellantBambloo Dugdh Utpadak Sahkari Samiti Limited
RespondentThe State of Rajasthan and ors.
Excerpt:
rajasthan co-operative societies act, 1965 - section 17 and constitution of india--article 226--minister orders closing of fonjdaran bas society and starting of kocharan bas society--held, first part of order is quashed but second part of order means reorganization of society;by way of abundant caution that part of the impugned order is quashed whereby it is directed that the cooperative society of faujdaran bas be closed. i find no fault in the second part of the order directing the registrar, co-operative societies, rajasthan, jaipur to take steps to form a co-operative society for kocharan bas, impliedly this would mean the re-organisation of the petitioner's society but the same is being done under the provisions of law.;writ partly allowed - section 2(k), 2(1), 7 & 40 & juvenile..........of cooperatives, rajasthan, jaipur.2. briefly stated the facts are these. the petitioner is a cooperative society registered under the rajasthan co-operative societies act, 1965 (hereinafter referred to as 'the act'). the object of the society is to collect milk from farmers and supply to the uttari rajasthan sahkari dugdh utpadak sangh limited, urmul dairy, ganganagar road, bikaner. the field of operation of the society is village bambloo. some of the persons of this village moved an application to the minister of co-operatives, rajasthan, jaipur. on 22.9.1977, the minister passed an order that the sahkari samiti of faujdaran bas be closed and a new sahkari samiti of kocharan bas be created. the order of the minister was transmitted to the registrar, cooperative societies, rajasthan,.....
Judgment:

S.N. Deedwania, J.

1. Petitioner Bambloo Dugdh Utapadak Sahkari Samiti Limited, Bambloo has filed this writ petition under Article 226 of the Constitution for quashing the order dated September 22, 1977 (Ex. 1) passed by the Minister of Cooperatives, Rajasthan, Jaipur.

2. Briefly stated the facts are these. The petitioner is a Cooperative Society registered under the Rajasthan Co-operative Societies Act, 1965 (hereinafter referred to as 'the Act'). The object of the society is to collect milk from farmers and supply to the Uttari Rajasthan Sahkari Dugdh Utpadak Sangh Limited, Urmul Dairy, Ganganagar Road, Bikaner. The field of operation of the society is village Bambloo. Some of the persons of this village moved an application to the Minister of Co-operatives, Rajasthan, Jaipur. On 22.9.1977, the Minister passed an order that the Sahkari Samiti of Faujdaran Bas be closed and a new Sahkari Samiti of Kocharan Bas be created. The order of the Minister was transmitted to the Registrar, Cooperative Societies, Rajasthan, Jaipur who directed the Assistant Registrar, Co-operative Societies, Bikaner to take necessary steps. The impugned order is challenged inter alia on the ground of want of jurisdiction and breach of natural justice. The writ petition is opposed on the ground that village Bambloo consists of Bambloo Bas Faujdaran and Kocharan Bas. Residents of Bambloo Bas Kocharan moved an application for registration of a new society for their area and consequently, reduction in the area of the petitioner's society. The Registrar is proceeding according to law as is evident from Ex. R/1 and Ex. R/2. It in further staled that the Registrar has not acted upon the impugned suggestion given by the Minister on 22.9.1977. The Registrar. Cooperative Societies, Rajasthan, Jaipur is proceeding according to law and procedure as provided in Section 17 of the Act. This section provides the power to direct amalgamation, division and re-organisation of the Co-operative Societies in public interest.

3. I have heard learned Counsel for the parties and perused the record of the case carefully.

4. The Minister passed the order dated September 22, 1977 in the following terms for necessary action to the Registrar, Co-operative Societies, Rajasthan, Jaipur-

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It is conceded that the first limb of the suggestion or the order of the Minister directing the closure of the Co-operative Society of Faujdaran Bas who passed without giving an opportunity of hearing to the petitioner and also there is no provision in the Act for passing a preemptory order of this nature by the Minister. However, it is contended on behalf of the non-petitioners that the Registrar is not acting upon this part of the order and he has simply taken steps for the division of the petitioner's society according to the procedure provided in Section 17 of the Act. Learned Counsel for the petitioner could not point any defect in the suggestion or the order that the Co-operative Society for Kocharan Bas be created.

5. In the circumstances, even the first limb of the order of the suggestion hardly need an interference from this Court. However, (by way of abundant caution that part of the impugned order is quashed whereby it is directed that the Co-operative Society of Faujdaran Bas be closed. I find no fault in the second part of the order directing the Registrar, Co-operative Societies, Rajasthan, Jaipur to take steps to form a Co-operative Society for Kocharan Bas. Impliedly this would mean the re-organisation of the petitioner's society but the same is being done under the provisions of law and the petitioner could have no grievance against the same.

6. In the result, the writ petition is partly accepted and the order or the direction directing the closure of the petitioner's society is quashed. It is made clear that the Registrar is at liberty to proceed with the work of reorganisation of the society according to provisions of law. In the circumstances, the parties shall bear their own costs.


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