Disposed

Sharad Kumar v. State of Chhattisgarh

Chhattisgarh HC26 Nov 2020WPC/2810/2020

Case brief

AI extract

What is this about?

Petitioner challenged the final notification placing his village under Charbhata Cooperative Society instead of Kumarda. Court directed the authority to decide the petitioner's representation within a reasonable time and disposed of the writ petition.

What did the court decide?

Direction to decide the petitioner's representation dated 22.10.2020 before Respondent No. 5 within a reasonable time.

Sharad Kumar Vs State of Chhattisgarh — Cooperative Societies | Chhattisgarh HC (2020)

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPC No. 2810 of 2020

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Sharad Kumar S/o Bisesar Aged About 54 Years Occupation Farmer, R/o Village Dhangaon Post Dhangaon, Distt. Rajnandgaon (Chhttisgarh). ---

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Petitioner

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Versus

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State of Chhattisgarh Through The Secretary, Department of Cooperative, Mahanadi Bhawan Mantralaya, Naya Raipur, Atal Nagar, Post Office And Police Station Naya Raipur, Atal Nagar, District Raipur (Chhattisgarh),

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Registrar Co-operative Societies, Chhattisgarh, Indravati Bhawan, Naya Raipur, Atal Nagar, Post Office And Police Station Naya Raipur, Atal Nagar, District Raipur (Chhattisgarh).

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Deputy Secretary Department Of Cooperative, Mahanadi Bhawan Mantralaya, Naya Raipur, Atal Nagar, Post Office And Police Station Naya Raipur, Atal Nagar, District Raipur (Chhattisgarh).

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Joint Registrar Cooperative Societies Chhattisgarh, Durg Dist. Durg (Chhattisgarh).

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Deputy Registrar Cooperative Societies Chhattisgarh, Rajnandgaon, Dist. Rajnandgaon (Chhattisgarh).

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President Adim Jaati Sewa Sahkari Samiti Maryadit, Charbhata (Ku), Village Charbhata, District Rajnandgaon (Chhattisgarh). --- Respondents

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For the Petitioner : Mr. B. D. Guru, Advocate For the State/Respondents : Mr. Amrito Das, Addl. Advocate General

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Hon'ble Shri Justice Goutam Bhaduri

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Order on Board

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26-11-2020

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The grievance of the petitioner is that he is a resident of village Dhangaon and was the member of the earlier Society namely Adim Jaati Seva Sahakari Samiti Kumarda. Subsequently with the proposal of reorganization of the new Cooperative Society, village Dhangaon was proposed to be placed in Kumarda Cooperative Society. The said proposal was made in the initial notification 31.08.2020. However, in the final notification issued on 16.10.2020 the village of the petitioner has been

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placed under the Cooperative Society of Charbhata. Learned counsel for the petitioner submits that the petitioner's village itself was a Society at the earlier point of time and since it was proposed to be placed with the Cooperative Society Kumarda in the initial notification, the petitioner did not raise their voice and when they came to know the fact that his village has been finally placed in the Cooperative Society, Charbhata on 15.10.2020, the petitioner may be heard on the objection/representation dt.22.10.2020.

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Learned State Counsel opposes and submits that since the entire process of re-organisation has been concluded, there is no occasion to reconsider the same. Perused the document and notification dated 16.10.2020. Clause 4 of the notification reads as under:

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4@@ foHkkx }kjk tkjh vf/klwpuk dzekad@,Q 15&35@15&02@2019@6@7 fnukad 26-07-2019 dh dafMdk dzekad&5 dh izfdz;k iw.kZ gksus ds i'pkr mi iath;d] lgdkjh laLFkk,a] jktukanxkao ds izfrosnu fnukad 08-10-2020 ,oa iath;d] lgdkjh laLFkk,a] NRrhlx<+ ds izfrosnu fnukad 12-10-2020 ij fofu'p; mijkar] jkT; 'kklu ,rn~}kjk ftyk jktukanxkao esa fo|eku 89 lkslkbfV;ksa dk iquxZBu dj vuqlwph nks ,oa rhu esa mYysf[kr 43 uohu lkslkbfV;ksa dk xBu djus ,oa vuqlwph ,d esa mYysf[kr lkslkbfV;ksa ds dk;Z{ks= esa la'kks/ku djus dh dk;Zokgh gsrq ^^ftyk jktukanxkao] NRrhlx<+ dh izkFkfed d`f"k lk[k lgdkjh lkslkbfV;ksa dh iquxZBu ;kstuk 2019^^ ,oa vuqlwph ,d] nks ,oa rhu dks vafre :i ls vfHkizekf.kr dj izdkf'kr djrk gSA

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Considering the fact that vide earlier notification dt. 31.08.2020 the petitioner's village was placed under the Kumurda Cooperative Society but since it has been placed under the Cooperative Society Charbhata in the final notification dated 16.10.2020 it is directed that the representation dated 22.10.2020 submitted before the Respondent No.5 (Annexure P-6) shall be decided within a reasonable time. Accordingly, this writ petition stands disposed off.

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Sd/-

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GOUTAM BHADURI JUDGE

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R a o

Sharad Kumar v. State of Chhattisgarh

Case brief

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Sharad Kumar v. State of Chhattisgarh

Case brief

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