Disposed

J.R. Gupta & Others v. State of Haryana and Others

Punjab & Haryana HC15 Oct 2010CWP/18799/2010

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana settled a dispute arising from a consensus during arguments, directing the Registrar of Cooperative Societies to decide a pending appeal while keeping an interim stay order in force pending decision. The second prayer was dismissed as withdrawn.

What did the court decide?

Directed Registrar of Cooperative Societies, Haryana to decide Appeal No.66 of 2010 within three weeks; dismissed second prayer as withdrawn.

J.R. Gupta & Others Vs State of Haryana and Others — Punjab & Haryana HC (2010) — LawSathi Research

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Civil Writ Petition No.18799 of 2010

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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH

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Civil Writ Petition No.18799 of 2010 Date of decision: October 15, 2010.

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J.R. Gupta & Ors.

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... Petitioner(s)

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State of Haryana & Ors.

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... Respondent(s)

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CORAM:

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HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

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Present: Shri M.L. Sarin, Senior Advocate, with Shri Pritam Saini, Advocate for the petitioner(s).

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Shri Sukhvinder Singh Nara, Sr. Deputy Advocate General, Haryana, for respondents No.1 to 3.

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Shri D.V. Sharma, Senior Advocate with Ms. Shivani Sharma, Advocate for caveator respondents No.4 to 8.

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Kanwaljit Singh Ahluwalia, J. (Oral):

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Issue notice of motion.

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On the asking of the Court, Shri Sukhvinder Singh Nara, Senior

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Deputy Advocate General, Haryana, accepts notice on behalf of respondents No.1 to 3.

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Shri D.V. Sharma, Senior Advocate, on instructions from Ms. Shivani Sharma, Advocate, has caused appearance for respondents No.4 to 8.

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The first prayer made in the writ petition is that the order dated

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Civil Writ Petition No.18799 of 2010

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29.9.2010 (Annexure P-18) passed by the Financial Commissioner & Principal Secretary to Government of Haryana, Cooperation Department, Haryana in Revision Petition No.30 of 2010, whereby he has stayed the order dated 26.8.2010 (Annexure P-15) passed by the Registrar, Cooperative Societies, Haryana, be set aside.

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During course of arguments, Counsel for the parties have stated that so far as this prayer is concerned, the same be decided in view of the broad consensus arrived at during the course of arguments. They have stated that the Registrar, Cooperative Societies, Haryana be directed to decide appeal No.66 of 2010 in order to resolve the dispute between the parties. This Court is of the view that due sanctity should be granted to the consensus arrived at during the course of arguments.

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Hence, the Registrar, cooperative Societies, Haryana – respondent no.2 is directed to decide Appeal No.66 of 2010 in accordance with law within a period of three weeks from the date of receipt of a certified copy of this order. Till the appeal is decided, interim order dated 29.9.2010 Annexure P-18 shall remain in force.

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The second prayer made in the writ petition is that an independent investigating agency be directed to initiate action against respondent No.3 who has tampered with the judicial record and has antedated and fabricated the order dated 4.2.2010 Annexure P-12.

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A perusal of the writ petition reveals that the Officer against whom allegations of mala fide have been levelled, has not been impleaded by name in the present petition. In such a situation, Shri Sarin, on instructions from Shri Pritam Saini, Advocate, states that for consideration of the second prayer, a liberty be granted to him to file a fresh writ petition

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Civil Writ Petition No.18799 of 2010

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by impleading the concerned Officer by name. Counsel for the respondents have no objection thereto. Accordingly, so far as the second prayer is concerned, the present petition is dismissed as withdrawn with liberty aforesaid.

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The writ petition is disposed of in the above terms. A copy of this order be given dasti on payment of usual

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charges.

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[ Kanwaljit Singh Ahluwalia ] October 15, 2010. Judge kadyan

J.R. Gupta & Others v. State of Haryana and Others

Case brief

What is this about?

What did the court decide?

J.R. Gupta & Others v. State of Haryana and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Coram

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