Shayam Lal Rathore v. Union Of India

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (C) No.1826 of 2020

1. Shayam Lal Rathore Son of Late Shri Ramdayal Rathore Aged About 62 Years Resident Of House No. 31, Sector 3, Gitanjali Nagar, P.O. Shankar Nagar, Raipur, P.S. Civil Line, Raipur, District Raipur, Chhattisgarh.

2. Smt. Padmini Rathore Wife Shri Shayam Lal Rathore Aged About 56 Years

3. Smt. Kalpana Rathore Wife of Shri Ashutosh Rathore Aged About 38 Years Both are Resident of House No. 31, Sector 3, Gitanjali Nagar, P.O. Shankar Nagar, Raipur, P.S. Civil Line, Raipur, District Raipur, Chhattisgarh.

4. Smt. Rajni Rathore Daughter of Shayam Lal Rathore Aged About 36 Years wife of Shahid Bakhsh Rangrej,

5. Lokesh Rathore Son Of Shri Shayam Lal Rathore Aged About 36 Years

6. Smt. Rashmi Bais Rajput Wife of Shri Lokesh Rathore Aged About 32 Years Petitioner No.4 to 6 are Resident of House No. 31, Sector 3, Gitanjali Nagar, P.O. Shankar Nagar, Raipur, P.S. Civil Line, Raipur, District Raipur, Chhattisgarh.

---Petitioner(s)

Versus

1. Union of India Through Central Registrar, Ministry of Agriculture and Farmers Welfare Department of Agriculture Co-Operation And Farmers Welfare Office of The Central Registrar Of Co-Operative Societies Krishi Bhawan, New Delhi.

2. Commissioner Office of The Central Registrar of Co-Operative Societies, Ministry of Agriculture and Farmers Welfare Department Agriculture, CoOperation And Farmers Welfare Krishi Bhawan, New Delhi.

3. Registrar, Adarsh Credit Co-Operative Society Ltd. Registration No. MSCS/CR/ 269/ 2008 Central Office Udaipur Rajasthan.

4. H.S. Patel Liquidator, Adarsh Credit Co-Operative Society Ltd. 14, Vidya Vihar Colony, Usmanpura, Ahmedabad- 380013, Gujrat. ---Respondents For Petitioner :

Shri Vivek Kumar Agrawal, Advocate.

For Respondent No.1 :

Shri B. Gopa Kumar, Asst. Solicitor General.

Hon'ble Shri Justice P. Sam Koshy Order on Board 01.09.2020

1. The limited grievance that the petitioner has raised in this case is that the petitioners had made certain deposits in the respondent No.3 Adarsh Credit Co-operative Society Ltd. under various schemes and heads, however, subsequently the respondent No.3 establishment has been

closed and at the instance of respondent No.1 a Liquidator was also appointed i.e. respondent No.4.

2. The counsel for the petitioners submits that meanwhile the deposits of other creditors were released, however, the deposits made by the petitioners were not released. The petitioners make a limited prayer that let the respondents No.1&4 take a decision on the claim application of the petitioners seeking for release of the amount lying deposited with the respondent No.3.

3. The limited request made by the petitioners is not opposed by the learned Assistant Solicitor General.

4. Accordingly, the respondents No.1&4 are directed to take a decision on the application which the petitioners have filed seeking for release of the amount which is lying with the respondent No.3 which was deposited by the petitioners under different schemes and heads. It is expected that the authorities would take a decision at the earliest preferably within a period of sixty days from the date of receipt of copy of this order purely in accordance with rules and guidelines governing the field.

5. The writ petition accordingly stands disposed of. Sd/- (P. Sam Koshy) Judge inder