Dalbir Singh v. State Of Haryana And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-21270-2019 (O&M) Date of decision:- 15.03.2022 Dalbir Singh

...Petitioner(s)

Versus

State of Haryana and another

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE RAVI SHANKER JHA, CHIEF JUSTICE HON'BLE MR. JUSTICE ARUN PALLI

Present:

Mr. Tarurag Gaur, Advocate, for Mr. Rajat Gautam, Advocate, for the petitioner.

Mr. Deepak Balyan, Additional Advocate General, Haryana. (The aforesaid presence is being recorded through video conferencing since the proceedings are being conducted in virtual Court) * * * * RAVI SHANKER JHA, C.J. (ORAL) The petitioner by way of the present writ petition seeks a writ of certiorari for quashing the order dated 09.06.2014 (Annexure P-1), whereby the Primary Agriculture Co-operative Societies (PACS)/ Primary Co-operative Credit and Service Societies (PCCS) Rules, 2014 were approved by respondent No. 2; the order dated 30.05.2017 (Annexure P-2) passed by respondent No. 2 making and further carrying out the second amendment in the service rules (ibid) and the order dated 11.05.2018 (Annexure P-3) passed by respondent No.

1 in a revision petition holding that the Registrar is competent to lay down guidelines or even prescribe Model Service Rules being ultra-vires of the powers conferred upon them in terms of the Haryana Cooperative Societies Act, 1984 as well as the Rules framed thereunder. Although the present writ petition was instituted in the year 2019, it was adjourned on several occasions on the request of learned counsel for the petitioner. Even today, an adjournment has been sought on behalf of the learned arguing counsel.

In the circumstances, as the writ petition has been lying pending for more than 21⁄2 years and merely adjournments are being sought on one occasion or the other, we are not inclined to keep it pending any further when it has lost its efficacy with the efflux of time. In case, any grievance as regards the issue(s) raised by the petitioner in the writ petition still survives or arises, he is at liberty to revive the same at an appropriate stage.

With the aforesaid observation, the writ petition stands disposed of with the liberty as aforesaid.

(RAVI SHANKER JHA) CHIEF JUSTICE (ARUN PALLI) JUDGE 15.03.2022 Amodh Whether speaking/reasoned Yes/No Whether reportable Yes/No AMODH SHARMA 2022.03.24 12:58 I attest to the accuracy and integrity of this document