Dismissed

Jai Ram v. State of Hp and Others

Himachal Pradesh HC9 Apr 2024CWP/3032/2024

Case brief

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What is this about?

The High Court dismissed a writ petition holding that the Registrar, Cooperative Societies, Shimla must decide the petitioner's representation filed against the Assistant Registrar's order. It directed the Registrar to dispose of the representation within four weeks after affording an opportunity of hearing.

What did the court decide?

Direction to Registrar, Cooperative Societies, Shimla to consider and decide the petitioner's representation dated 16.10.2023 within four weeks after affording an opportunity of hearing.

Jai Ram Vs State of Hp and Others — Cooperative Societies | Himachal Pradesh HC (2024)

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IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA

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CWP No.3032 of 2024.

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Date of Decision : 9^th April, 2024.

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Jai Ram. ...Petitioner. Versus State of H.P. and Others. ... .Respondents. Coram: The Hon’ble Mr. Justice Sandeep Sharma, Judge.

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Whether approved for reporting?¹ For the Petitioner: Mr. Janesh Mahajan, Advocate. For the Respondents: Mr. Rajan Kahol, Mr. Vishal Panwar, Mr. B.C. Verma, Additional Advocate Generals with Mr. Ravi Chauhan, Deputy Advocate General. ________

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Sandeep Sharma, Judge (Oral).

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Having regard to the nature of prayer made in the present petition and the order proposed to be passed in the instant petition, this Court sees no necessity to call for reply from the respondents, as the petition can be disposed of on the basis of material already available on record.

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Precisely, the grouse of the petitioner as has been highlighted in the petition and further canvassed by Mr. Janesh Mahajan, learned counsel for the petitioner is that though in terms of order dated 12.10.2023 passed by a Coordinate Bench

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of this Court in CWP No.493 of 2021 titled ‘ Shri Jai Ram

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1 Whether reporters of the local papers may be allowed to see the judgment?

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…2…

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Sharma & Ors. vs. State of Himachal Pradesh & Ors. ’, petitioner has made a representation to the Registrar, Co-operative Societies , Shimla, for redressal of his grievance but till date the same has not been decided. Apart from above, it has further been averred by the petitioner that the Registrar, Co-operative Societies, Shimla, can alone decide his representation for the reasons that representation has been filed against the order passed by the Assistant Registrar, Co-operative Societies, Solan.

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While putting in appearance on behalf of the respondents, Mr. Rajan Kahol, learned Additional Advocate General, though attempted to argue that bare perusal of material available on record suggests that Registrar, Cooperative Societies, Shimla, having taken note of representation filed by the petitioner, has already issued directions to the Assistant Registrar, Co-operative Societies, Solan, to look into the representation made by the petitioner, but, as has been stated by learned counsel representing the petitioner, the representation has been filed by the petitioner against the order passed by the Assistant Registrar, Co-operative Societies, on the complaint earlier filed by the petitioner before the aforesaid

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…3…

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authority, there appears to be no justification for Registrar, Cooperative Societies, to relegate the representation to Assistant Registrar, Co-operative Societies for disposal, rather the same is required to be decided by the Registrar, Co-operative Societies , Shimla, itself.

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Consequently, the instant petition is disposed of with a direction to the Registrar, Co-operative Societies, Shimla, to consider and decide the representation dated 16.10.2023, Annexure P-2, filed by the petitioner.

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This Court hopes and trusts that the needful shall be done by the respondents expeditiously, preferably within four weeks from today. Needless to say, the authority concerned, while doing the needful in terms of this order, shall afford an opportunity of hearing to the petitioner as well as other stakeholders and pass speaking order thereafter. Petitioner shall be at liberty to approach the appropriate Court of law, if he still remains aggrieved.

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Pending applications, if any, also stand disposed of.

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(Sandeep Sharma) Judge

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9^th April, 2024 (Pardeep)

Jai Ram v. State of Hp and Others

Case brief

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Jai Ram v. State of Hp and Others

Case brief

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