Raj Kamal Rathore v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2110 of 2017 • Raj Kamal Rathore S/o Kawal Prasad Rathore, Aged About 29 Years R/o S E 399, C. S. E. B. Colony, Korba East (Chhattisgarh). ---- Petitioner

Versus

1. State of Chhattisgarh Through : The Secretary, Department of Cooperative Societies, Ministry, Mahanadi Bhawan, Naya Raipur, P O & P. S. Rakhi, District Raipur (Chhattisgarh).

2. Registrar, Cooperative Societies, Indrawati Bhawan, Naya Raipur, District Raipur (Chhattisgarh).

3. Commissioner ( Revenue ), Bilaspur Division Bilaspur, District Bilaspur (Chhattisgarh).

4. Zila Sahakari Kendriya Bank Maryadit, Bilaspur, Through Chief Executive Officer Bilaspur, Nehru Chowk, Bilaspur, District Bilaspur (Chhattisgarh). ---- Respondents For Petitioner :

Shri Mateen Siddiqui, Advocate For Respondents-State :

Shri Shashank Thakur, GA for the State For Respondent No.4 :

Shri Jitendra Shrivastava, Advocate Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 04/05/2017

1. After arguing for sometime, learned counsel for the petitioner, seeks permission of this Court to withdraw this petition with liberty to move duly constituted dispute before the jurisdictional Registrar under Section 55(2) of the C.G. Cooperative Societies Act, 1960.

2. Learned State counsel would inform that as per the Notification issued by the Registrar, the term "Registrar" occurring in Section 55(2) would include the office of Joint Registrar or Deputy Registrar.

3. Since the petitioner has been bonafidely litigating before this Court and thereafter, before the State Cooperative Tribunal, upon grant of liberty by this Court, if the petitioner raise dispute under Section 55(2), the concerned Registrar shall entertain the dispute on merits without raising the plea of limitation.

4. Accordingly, the writ petition is dismissed, as withdrawn with the aforesaid liberty granted in favour of the petitioner.

5. The petitioner apprehends that the order of termination passed against the petitioner having its genesis in the enquiry report submitted by a team of Registrars, which in turn includes Additional Registrar or Joint Registrar, the persons, who were involved in the process of earlier enquiry, may not adjudicate the dispute with an open mind.

6. If the jurisdictional Deputy Registrar, before whom, the dispute would be raised by the petitioner pursuant to the termination order, was in any manner a party to the earlier enquiry, the petitioner would be at liberty to move an application before the Registrar, Cooperative Societies, Chhattisgarh for transferring the dispute to any other Deputy Registrar or Joint Registrar in the State, who was not party to the earlier enquiry.

7. In such eventuality, the Registrar, Cooperative Societies, Chhattisgarh, shall pass necessary orders to transfer the dispute to any other Deputy Registrar or Joint Registrar, who was not a party in the earlier enquiry. Sd/- Judge Prashant Kumar Mishra Ashu