Disposed

Barwali Gram Seva Sahakari Samiti Ltd., v. State of Rajasthan

Rajasthan HC19 Jul 2019CW/9764/2019

Case brief

AI extract

What is this about?

Primary Agricultural Credit Cooperative Societies and LAMPS challenged the 2019 online crop-loan registration and disbursement scheme and the communications permitting E-mitras and Business Correspondents to upload members' loan applications, alleging erosion of their autonomy. The State gave assurances on margin commission, equipment reimbursement, SSO-IDs and same-day deposit, and, with consent

What did the court decide?

Recorded State's assurances: continuation of 2% margin; reimbursement of computer, printer, scanner, bio-matrix machine and internet modem within seven days; issue of SSO-IDs to all PACS/LAMPS; sancti

Barwali Gram Seva Sahakari Samiti Ltd., Vs State of… — Cooperative Societies | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 9226/2019

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Gurusar Modiya Gram Seva Sahakari Samiti Ltd., Through Its Vyavasthapak (Manager) Sanjay Kumar S/o Shri Raja Ram, Aged About 44 Years, Village Gurusar Modiya Post Gurusar Modiya Tehsil Suratgarh, District Sri Ganganagar (Raj.).

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----Petitioner

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Versus

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State Of Rajasthan, Through Secretary, Co-Operative Department, Government Of Rajasthan, Jaipur.

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The Registrar, Co-Operative Societies, Nehru Sehkar Bhawan, Bhawani Singh Road, Jaipur.

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The Central Co-Operative Bank Ltd., Sri Ganganagar Through Its Managing Director, Sri Ganganagar (Raj.).

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----Respondents

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For Petitioner(s) : Mr. AK Choudhary, Mr. Dinesh Choudhary, Mr. Rakesh Patel, Mr. Harish Purohit, Mr. RS Shekhawat, Mr. Mahaveer Bishnoi and Mr. HR Chawala For Respondent(s) : Mr. Sunil Beniwal, AAG, Mr. Utkarsh Singh, Mr. BS Sandhu, Mr. PS Rathore and Mr. SS Choudhary

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JUSTICE DINESH MEHTA

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Judgment

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19/07/2019

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The petitioners involved in the present bunch of writ petitions (enumerated in the schedule appended with the present order) Primary Agricultural Credit Cooperative Societies (PACS) and Large Scale Adivasi Multi Purpose Societies (LAMPS) have approached this Court, invoking Article 226 of the Constitution of India being

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(2 of 22)

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aggrieved by the lgdkjh Qlyh _.k vkWuykbZu iath;u ,oa forj.k ;kstuk] 2019 (“Loan Registration and Disbursement Scheme of 2019”, hereinafter referred to as “Scheme of 2019”). The petitioners have stated that they are not aggrieved by the computerization and providing online facility to the agriculturists/members as such, but certain clauses of the scheme concern them as they intrude in their autonomy. It will not be inappropriate to reproduce the prayers clause of the petitioner, so as to have a grasp of their grievance:

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“a. The Cooperative Crop Loan Online Registration and Distribution Policy 2019 (Annexure-8) may kindly be declared illegal and therefore quashed and set aside. The letter dated 30.5.2019 (Annexure-16) and letter dated 31.5.2019 (Annexure-17) whereby E-mitra and BC has been authorized to submit online application form for loan of farmers to bank may kindly be quashed and set aside. The condition no.16 and 17 in application form (Annexure-11) whereby undertaking is taken by bank from farmer may kindly be held illegal and therefore same may be quashed and set aside to the extent of bank is concerned.

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b. The respondents may kindly be directed to computerize and make online the petitioner society and the format of making business correspondent the PACS and generating KO code (Annexure-14) may kindly be held illegal and therefore same may be quashed and set aside.

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c. The respondent bank may kindly be directed to not directly issue the loan to the farmers and the loan account of farmers in bank may kindly be directed to be closed and it ma kindly be held that PACS/LAMPS only can grant loan to its members i.e., farmer.

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c. Any other relief which this Hon'ble Court may deem fit may kindly be granted in favour of the petitioner.”

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The facts are undisputed and common in all the cases and so is their grievance.

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The petitioners are Primary Agricultural Credit Cooperative Society (PACS) registered under Section 6 of the Rajasthan

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Cooperative Societies Act, 2001 (hereinafter referred to as the Act of 2001), which are at the lowest ladder of hierarchy of cooperative Banks’ structure, which is as under:

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Apex Bank

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District Central Cooperative Bank |

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Primary Agricultural Cooperative Societies (PACS) / Large Scale Adivasi Multi Purpose Societies (LAMPS)

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The aforesaid structure is provided under the guidelines and regulations framed by National Bank for Agricultural and Rural Development (NABARD). It is to be noted that the petitionersocieties, operating at the Panchayat level comprises of members, who are farmers-agriculturists of the village. These societies provide various services, such as, providing seeds, manuers, etc., purchases agricultural produce, encourage savings amongst the members, accept deposits from them and provide loans to the members.

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Gram Sewa Sahakari Samiti established at Panchayat level converge to form District Level Central Cooperative Banks (hereinafter referred to as DCCB) and these District Level Central Cooperative Banks are members of the Apex Level Central Cooperative Banks or the State level Co-operative Banks. According to the petitioners there are more than 6,000 Gram Sewa Sahakari Samiti Ltd or PACS/LAMPS in the State. The working capital of each of the petitioner comes from its own funds generated through deposits, borrowings and other activities permitted under law, besides its own funds, generated through

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share capital and members fees etc. The petitioners receive

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deposits from its members and non-members and borrows funds from the District Central Cooperative Bank to which they are attached, besides receiving funds/loans from the District Central Cooperative Banks, which come from NABARD via respective Apex Banks.

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The petitioners give loan to its members and charge interest @ 7% per annum and pay interest to the District Central Cooperative Banks @ 5%. They are thus, entitled for 2% margin on commission so as to meet their administrative expenses and augment the financial strength. The farmers or agriculturists while taking loans create security interest of their land with the Gram Sewa Sahakari Samitis and it is the responsibility of the petitioners to recover loan or enforce the security interest.

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As per the structure provided under the law, the District Central Cooperative Banks do not have right and/or direct nexus with the members of the petitioner Samitis categorized as Primary Agriculture Credit Cooperative Societies under the Banking Regulation Act, 1949 and Rajasthan Cooperative Societies Act, 2001. It will not be out of place to refer definition clause namely clause 2(qa) of the Rajasthan Cooperative Societies Act, 2001, which reads thus:

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“ ’Primary agricultural credit society’ means a cooperative society,-

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(1) the primary object or principal business of which is to provide financial accommodation to its members for agricultural purposes or for purposes connected with agricultural activities (including the marketing of crops); and

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(2) the bye-laws of which do not permit admission of any other cooperative society as member: Provided that this sub-

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clause shall not apply to the admission of a cooperative bank as a member by reason of such cooperative bank subscribing to the share capital of such cooperative society out of funds provided by the State Government for the purposes.”

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It is noteworthy that petitioners and other Primary Agricultural Cooperative Societies filed almost similar writ petitions on an earlier occasion, which were disposed of by this Court vide its order dated 3.6.2016 alongwith SBCWP No.2837/2016 (Samari Gram Sewa Sahakari Samiti Ltd. Vs. State of Rajasthan & Ors.). In the earlier writ petitions, the petitioners challenged the communication dated 2.12.2015, whereby Registrar had issued certain directions in the matter of disbursement of loans to the agriculturists, members of the societies under the Kissan Credit Card (KCC) Schemes.

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The basic plank of the petitioners in the earlier round of litigation was that said scheme interferes with their autonomy and impeaches upon their rights to trade. A coordinate Bench of this court disposed of a bunch of 437 writ petitions with the following directions:

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“(i) Respondents may not construe the impugned orders/directions dated 16/17th June, 2015, 30th June, 2015, 1st of July, 2015, 5th of October, 2015, 17th February, 2016 and 20th of February, 2016 to the detriment of the petitioner-societies to cater need of the its members for availing credit facilities/financial assistance by espousing their cause and to carry on other activities within the scope of applicable bye-laws in strict adherence of sub-section (6) of Section 51 of the Act of 2001.

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(ii) The order/communication dated 16/17th June, 2015 be treated as redundant and inoperative vis-à-vis petitionersocieties to the extent of computerization of petitionersocieties in view of concession made by learned Additional Advocate General.

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(iii) The communication dated 2nd of December, 2015 and the subsequent orders/communications i.e. 11th of

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December, 2015 and 31st of March, 2016 are upheld subject to the condition that these communications may not cause lawful financial loss to the petitioner societies and in no way undermine their authority as espouser of the cause of peasant/farmer members of these societies.

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(iv) It is declared that although Act of 1949 is not applicable vis-à-vis petitioner-societies but the petitioner-societies are not entitled to carry on banking activities as their status is not akin to Apex Cooperative Bank, District Central Cooperative Bank and Primary Cooperative Bank in want of declaration as such under Section 2(u) proviso of the NABARD Act and without licence of banking under Section 22 of the Act of 1949.

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(v) The respondents are directed to ensure complete autonomy to the petitioner-societies in all financial and internal administrative matters as mandated by Section 30-B of the Act of 2001. The respondents are further expected to make endeavour for promotion of cooperative movement by providing necessary support, encouragement and assistance to the cooperative societies and also to depoliticize cooperatives in adherence of National Cooperative Policy, 2002.

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(iv) It is further directed that respondents may take effective measures in the best interest of petitioner-societies, which are at the grass-root level so that the peasant/farmer members of the societies may reap the fruits of various welfare schemes, interest subsidy and all other subsidies for which they are entitled.

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(vii) The respondents are also expected to float such schemes which may prove beneficial in revamping the petitioner societies and augment their financial self-reliance for strengthening three tier short-term cooperative credit delivery system.”

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A communication dated 17.5.2019 came to be issued by the Managing Director of the Rajasthan State Cooperative Bank Ltd., addressed to all the Managing Directors of the District Central Cooperative Bank Ltd. whereby it was informed that the State Government has promulgated lgdkjh Qlyh _.k vkWuykbZu iath;u ,oa forj.k ;kstuk] 2019 (Co-operative Crop Loan Online Registration and Distribution Scheme, 2019, if translated in english and hereinafter referred to as “the Scheme of 2019”). For

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effective implementation thereof, certain directions/instructions were issued in the said communication dated 17.05.2019; 30.05.2019; and 31.05.2019.

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The petitioners are primarily aggrieved of the letters dated 30.5.2019 and 31.5.2019, whereby E-mitras and Business Correspondents (BCs) have also been authorized to submit/ upload online applications of the farmers for grant of loan.

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The petitioners have asserted that most of them are having requisite facilities such as computer, printer, scanner, bio matrix and internet connectivity and they are well equipped to accept/ upload and process the application forms of the agriculturists, who are their members. According to them the impugned Policy of 2019, which permits the appointment of Banking Correspondents and E-mitras to fill online application forms for the loan would impinge upon their right of dealing with the members. According to them, E-mitras and Banking Correspondents will directly deal with the District Cooperative Banks, which in turn will disburse the loan in the bank accounts of the farmers. May be they will continue to get 2% margin/commission, but the present scheme would take away their right to deal with their members. It was also argued that all the agriculturists are members of PACS/LAMPS and the District Central Cooperative Bank, loan disbursing agencies neither have any direct relation or nexus with the agriculturists nor can they have direct interaction with them according to the scheme of the Act of 2001. Petitioner alleged that such attempt would shatter the three tier structure formed under the Cooperative Societies Act, 2001. The petitioners have also

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raised grievance that they are being given KO-IDs and not SSOIDs, which is required for dealing with their members.

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Inviting attention of the Court towards Section 51(6) of the Rajasthan Cooperative Societies Act, 2001 it was argued that petitioners are entitled to determine its own loan policy and decide individual loan to its members keeping in mind the interest of the society and its members. It was argued that in the advent of new policy, it will be BCs and E-mitras, who will be dealing with the Apex Bank and their roll in providing loan to its members will be finished resulting in cessation of their relevance and very existence.

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Inviting attention of the Court towards rule 8 and 14 of the Rajasthan Cooperative Societies Rules, 2003 (hereinafter referred to as the Rules of 2003) it was argued that the petitioners, which are resource societies as per serial no.8 of Rule 8 of the Rules of 2003, can have membership as per rule 14 of the Rules of 1963. According to the provisions of the act of 2001 and the rules framed thereunder, they can accept deposits and provide loan to none other than their members- agriculturists/ farmers. The petitioners have laid much emphasis on Section 51 of the Act of 2001 to contend that the District Level Banks can give loan to their members only and not to the members of the petitioners. Having laid the legal fulcrum, the petitioners projected their case by showing their concern/ grievances qua the following clauses of the Scheme of 2019:

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“(ii) lfefr dh lnL;rk xzg.k djus ds mijkUr fdlku dks xzke lsok lgdkjh lfefr ls Qlyh _.k izkIr djus gsrq loZizFke fu/kkZfjr vkosnu&i= ds vuqlkj vko”;d lwpuk,sa Hkjdj lacaf/kr xzke lsok lgdkjh lfefr vFkok

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dsUnzh; lgdkjh cSad ds ch-lh- bZ&fe= ij tkdj iath;u (Registration) dh dk;Zokgh lEikfnr djuh gksxhA”

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“(viii) xzke lsok lgdkjh lfefr vFkok bZ&fe= ij vkosnu&i= dk iath;u gks tkus ds i”pkr~ vkosnd dks dEiwVj tfur izkfIr jlhn nh tkosxh ftl ij iwfud vkosnu i= dzekad (Unique Application Number) vafdr gksxk tks fd bl ckr dk izke.k gksxk fd vkosnd dk vkosnu&i= lfefr es iathd ` r gks pqdk gSA bl ;wfud vkosnu i= dzaekd dk mi;ksx vkosnd }kjk Hkfo’; esa lfefr@cSad ls O;ogkj@lsok gsrq fd;k tk ldsxkA

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“(vii) MCL lohdfr@vLohdfr dh leLr dk;Zokgh lfefr dks 10 fnol esa iw.kZ djuh gksxhA 10 fnol esa lfefr }kjk dksbZ Lohdfr vFkok vlgefr izsf’kr ugha dh tkrh gS rks iksVZy ij iathdr leLr vkosndksa dh vf/kdre lk[k lhek lfefr Lrj ls Lohd`r ekurs gq, “kk[kk }kjk vfxze dk;Zokgh dh tk ldsxhA

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“(iv) vk/kkj vk/kkfjr vfHkizek.ku ds i”pkr~ “kk[kk }kjk lnL; dh vf/kdre lk[k lhek esa ls cSad }kjk fu/kkZfjr _.k Lohdr dj DMR esa vafdr fd;k tk;sxk A Digital Member Registration(DMR) cSad lhch,l ij PACS/LAMPS ds _.kh lnL;ksa dh _.k ls lacaf/kr fofHkUu tkudkfj;ksa ds lacaf/kr “kk[kk Lrj ij la/kkfjr gksus okyk ,ld dEiwVjhdr nLrkost gS tks fd izR;sd Qly pdz ij forfjr Qlyh _.k ds fy;s iFkd&iFkd rS;kj fd;k tkrk gSA

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As per the guidelines of 2019, two types of IDs are to be provided; (I) KO-IDs – for business correspondents and (II) SSOIDs – for Sahakari Samiti. A grievance was raised by the petitioners that though as per the Scheme, the respondents are required to provide SSO-IDs to the petitioners, but they are providing KO-IDs, which are meant for business correspondentsE-mitras.

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Another grievance was raised that if their members will go to BCs and E-mitras and get their loan application registered online through them, their members would feel that Samitis utility and their very existence has become redundant, which will lead to their corporate death. The grievance was also raised that the right to sanction or refuse loan will vest in the District Central Cooperative Banks, whereas the responsibility or liability to

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recover the loan will rest with them; hence, they will be left with liability only without having a say in the grant of loan. It was argued on behalf of the petitioners that they are sitting at the grass root level and the Samitis and its Board of Directors are best aware of the ground realities such as paying capacity and other factors, which are necessary and relevant to be reckoned at the time of advancing the loans.

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A grievance was also raised qua clause 6(iv) of the Scheme, wherein it has been stipulated that the Manager of the PACS/LAMPS will have to deposit the amount of installment received from the borrower, on the very same day and on failure to do so, the Manager shall be responsible for the loss of interest. It was argued that the petitioners are situated at far flunged Dhanis or villages, which in many cases are 70-80 kms from the District Cooperative Banks, hence, it would be difficult unfeasible and economically unviable to deposit the money on the same date with the District Cooperative Banks.

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Mr. Beniwal, learned AAG appearing for the respondent-State submitted that the petitioners have rushed to the Court on the basis of assumptions, apprehensions, which too, are unfounded. He informed that by way of introducing Policy of 2019, the State has brought in a digitized system of issuing loans to the members of PACS/LAMPS and has created a transparent system to spruce up the process of grant of loans and their recovery. According to him, the Policy of 2019 will ensure that the loans are disbursed to the farmers without delay and hassle. As a result of online process; introduction of bio-matrix machines; and provision of

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grievance redressal system in relation to the disbursement of the loan, the complaints of the farmers that their online applications are not being processed timely and that the amount deposited by them has not been credited on the same date will be finished, or else appropriately dealt with.

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Learned AAG assured, rather asserted that consequent to the Policy of 2019, neither autonomy nor the authority of the PACS/LAMPS would be impaired or infiltrated. He maintained that the State is determined to extend its helping hand and to give impetus to the cooperative movement. The State intends to reach to the marginalized farmer, so that his difficulties attended; needs fulfilled; and grievance redressed; without any hiccups. It was submitted that most of the PACS/LAMPS have requisite infrastructure to deal with the applications, disbursement of the loans and online deposit facilities, but in case, any society does not have the requisite infrastructure, the State is prepared to fund them.

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Addressing petitioners’ concern regarding their roll in processing the application, it was argued by Mr. Beniwal that as per the Scheme of 2019, the E-mitras’ and BC’s roll is only to upload the online application form. This facility too has been envisaged so that in case of peak period, the farmer can contact BCs or E-mitras for filling the online application form, as the petitioners may have handicaps of resources or facilities in submitting online application forms as the farmers normally apply for loan at the eleventh hour, particularly on the arrival of

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monsoon or sowing season, resulting in pouring in of hundreds of applications within a span of short time.

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With the help of the provisions of the Scheme, he impressed upon that as far as sanctioning of the loan is concerned, the power shall continue with the PACS/LAMPS and it will be their decision to accept or not to accept the application for loan or fix maximum credit limit. Subject however to a rider that in case a member’s application is not processed within 10 days, the same shall thereafter, be processed by the District Bank, so as to rule out unwarranted delay and harassment to the farmer.

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Justifying and supporting the provisions, it was argued that many a times, the farmers had a grievance that their loan applications were not processed timely, for which they could not prepare their field, purchase manures or seeds and perform the activities, which were time sensitive, hence, the new Scheme has been designed to ward off the complaints of the farmers – members. It was also informed that as per the Scheme of 2019, maximum credit limit has been fixed, based on a formula considering the area of land, which will reduce/minimise the discretion of quantum of loan and the farmers will be disbursed loan, expeditiously subject of course to the maximum credit limit. The new Scheme will surely address the general grievance of the farmers that they were not provided loan in commensurate with the land they had or the security they provided.

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Mr. Beniwal argued that the petitioners’ concern that after introduction of the new Policy, the State will reduce their share of 2%, being margin or commission, is absolutely unfounded. Mr.

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Beniwal while responding to each of the arguments, has fairly acceded to some of the requests and tried to address the concern showed by the petitioners. Counsel for the petitioners were satisfied and prayed that let these petitions be disposed while recording the clarification given and concession made by the State. Hence, the clarification/assurance/concession given by the learned AAG are being recorded here infra:-

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An assurance has been given by the learned AAG on instructions from the State, that the petitioners and all other PACS/LAMPS shall continue to receive their 2% margin on the loan disbursed to their members-farmers.

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Responding to the grievance raised by the petitioners’ counsel that many of the petitioners do not have requisite infrastructure and/or equipments to deal with online registration and distribution of loan under the Scheme of 2019, Mr. Sunil Beniwal, learned AAG undertook that if any of the petitioners or other PACS/LAMPS purchases the following items, then the concerned District Central Cooperative Bank shall reimburse the same, as expeditiously as possible within a period of seven days of submission of the bills:

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Computer 2. Printer 3. Scanner 4. Bio matrix machine 5. Internet modem

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He reiterated that in case of PACS and LAMPS, Department of Information & Technology of the State of Rajasthan invariably provides SSO-ID’s and not KO-ID’s and the petitioners’ complaints are not correct. Notwithstanding this, he assured that State shall

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provide SSO-ID’s to all the petitioners and other PACS/LAMPS, if not already done.

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Learned AAG further asserted as far as processing of the loan applications is concerned, the same would continue to remain with the respective Managers of PACS/LAMPS and under the new Scheme, it will be the discretion and decision of the respective society to sanction or not to sanction MCL-Maxmimum Credit Limit of a member-agriculturist. The Cooperative Banks (DCCB’s) will sanction the loan only after receipt of the due approval from the respective PACS/LAMPS, except in cases covered by clause 2(vii). of the Policy, when the society will fail to approve or reject the application.

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So far as the petitioner’s grievances in relation to clause 6(4) of the Police is concerned; which makes it the personal responsibility of the Manager of the Society to deposit the amount with the District Cooperative Bank on the same date, it has been clarified that after complete computerization as envisaged under the Policy, the Societies will be having facility to online transfer the amount on the very same day, in the corresponding loan account of the member/borrower. However, the cash amount, which has been received by the Society, can be handed over-deposited with the DCCB, within three days of receipts.

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For what has been recorded hereinabove, none of the petitioners’ grievances remains to be addressed or decided. Hence, with the consent of all the learned counsel appearing for the petitioners, all the petitions are being disposed of.

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Needless to observe that the State and the DCCB’s shall abide by the clarification/concession/undertaking given by the State, duly recorded in earlier paras of this order.

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As a natural corollary of the disposal of the writ petitions, the corresponding stay applications are also disposed of.

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The Registry to keep photostat copy of this order in each file, mentioned in the schedule.

(DINESH MEHTA),J

278-CPGoyal/-

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Schedule

S.No.	Writ Petition No.	Petitioner	Respondents
1.	SBCWP No.7780/2019	Galanadi Gram Sewa Sahakari Samiti Ltd.	State & Ors.
2.	SBCWP No.7842/2019	Bijoliya Gram Sewa Sahakari Samiti Ltd.	State & Ors.
3.	SBCWP No.7887/2019	Sada Ram Ji Ka Kheda Gram Sewa Sahakari Samiti Ltd.	State & Ors.
4.	SBCWP No.7888/2019	Bigod Gram Sewa Sahakari Samiti Ltd.	State & Ors.
5.	SBCWP No.7889/2019	Jaliya Gram Sewa Sahakari Samiti Ltd.	State & Ors.
6.	SBCWP No.7890/2019	Mathuva Gram Sewa Sahakari Samiti Ltd.	State & Ors.
7.	SBCWP No.7909/2019	Tilaswa Gram Sewa Sahakari Samiti Ltd.	State & Ors.
8.	SBCWP No.7910/2019	Ladpura Gram Sewa Sahakari Samiti Ltd.	State & Ors.
9.	SBCWP No.7911/2019	Choti Bijolia Gram Sewa Sahakari Samiti Ltd.	State & Ors.
10.	SBCWP No.7913/2019	Neem Ka Kheda Gram Sewa Sahakari Samiti Ltd.	State & Ors.
11.	SBCWP No.7914/2019	Kachola Gram Sewa Sahakari Samiti Ltd.	State & Ors.
12.	SBCWP No.7916/2019	Suras Gram Sewa Sahakari Samiti Ltd.	State & Ors.
13.	SBCWP No.7917/2019	Hoda Gram Sewa Sahakari Samiti Ltd.	State & Ors.
14.	SBCWP No.7918/2019	Maal Ka Kheda Gram Sewa Sahakari Samiti Ltd.	State & Ors.
15.	SBCWP No.7920/2019	Jasu Ji Ka Kheda Gram Sewa Sahakari Samiti Ltd.	State & Ors.
16.	SBCWP No.7921/2019	Mandalgarh Gram Sewa Sahakari Samiti Ltd.	State & Ors.
17.	SBCWP No.7922/2019	Dhamniya Gram Sewa Sahakari Samiti Ltd.	State & Ors.
18.	SBCWP No.7924/2019	Barundani Gram Sewa Sahakari Samiti Ltd.	State & Ors.
19.	SBCWP No.7925/2019	Khatwada Gram Sewa Sahakari Samiti Ltd.	State & Ors.
20.	SBCWP No.7926/2019	Shyam Pura Gram Sewa Sahakari Samiti Ltd.	State & Ors.
21.	SBCWP No.7927/2019	Khachrol Gram Sewa Sahakari Samiti Ltd.	State & Ors.
22.	SBCWP No.7931/2019	Jalendri Gram Sewa Sahakari Samiti Ltd.	State & Ors.
23.	SBCWP No.7945/2019	Manpura Gram Sewa Sahakari Samiti Ltd.	State & Ors.
24.	SBCWP No.9071/2019	Rajgarh Gram Sewa Sahakari Samiti Ltd.	State & Ors.
25.	SBCWP No.9265/2019	Tholu Ka Luhariya Gram Sewa Sahakari Samiti Ltd.	State & Ors.
26.	SBCWP No.9266/2019	2 MLD Gram Sewa Sahakari Samiti Ltd.	State & Ors.
27.	SBCWP No.9267/2019	Thethar Gram Sewa Sahakari Samiti Ltd.	State & Ors.
28.	SBCWP No.9301/2019	Mamad Kheda Gram Sewa Sahakari Samiti Ltd.	State & Ors.
29.	SBCWP No.9302/2019	Shyamgarh Gram Sewa Sahakari Samiti Ltd.	State & Ors.
30.	SBCWP No.9204/2019	Govindi Gram Sewa Sahakari Samiti Ltd.	State & Ors.
31.	SBCWP No.9307/2019	Bhagawansar Gram Sewa Sahakari Samiti Ltd.	State & Ors.
32.	SBCWP No.9308/2019	Bhagwanpura Gram Sewa Sahakari	State & Ors.

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33.	SBCWP No.9310/2019	Samiti Ltd. Gilund Gram Sewa Sahakari Samiti Ltd.	State & Ors.
34.	SBCWP No.9311/2019	Shoumasar Gram Sewa Sahakari Samiti Ltd.	State & Ors.
35.	SBCWP No.9312/2019	20 LM Gram Sewa Sahakari Samiti Ltd.	State & Ors.
36.	SBCWP No.9314/2019	Milkewali Gram Sewa Sahakari Samiti Ltd.	State & Ors.
37.	SBCWP No.9315/2019	Sardhapura Bika Gram Sewa Sahakari Samiti Ltd.	State & Ors.
38.	SBCWP No.9317/2019	Bhichor Gram Sewa Sahakari Samiti Ltd.	State & Ors.
39.	SBCWP No.9318/2019	Manpura Gram Sewa Sahakari Samiti Ltd.	State & Ors.
40.	SBCWP No.9319/2019	Borav Gram Sewa Sahakari Samiti Ltd.	State & Ors.
41.	SBCWP No.9320/2019	Alipura Gram Sewa Sahakari Samiti Ltd.	State & Ors.
42.	SBCWP No.9323/2019	Raiyawali Gram Sewa Sahakari Samiti Ltd.	State & Ors.
43.	SBCWP No.9328/2019	Jharjhani Gram Sewa Sahakari Samiti Ltd.	State & Ors.
44.	SBCWP No.9330/2019	22 STB Gram Sewa Sahakari Samiti Ltd.	State & Ors.
45.	SBCWP No.9334/2019	Paniyawali Gram Sewa Sahakari Samiti Ltd.	State & Ors.
46.	SBCWP No.9335/2019	Mishro Ki Pipli Gram Sewa Sahakari Samiti Ltd.	State & Ors.
47.	SBCWP No.9336/2019	Narayangarh Gram Sewa Sahakari Samiti Ltd.	State & Ors.
48.	SBCWP No.9341/2019	Jhotawali Gram Sewa Sahakari Samiti Ltd.	State & Ors.
49.	SBCWP No.9348/2019	Minda Gram Sewa Sahakari Samiti Ltd.	State & Ors.
50.	SBCWP No.9349/2019	Nirwana Gram Sewa Sahakari Samiti Ltd.	State & Ors.
51.	SBCWP No.9350/2019	7 PS Gram Sewa Sahakari Samiti Ltd.	State & Ors.
52.	SBCWP No.9363/2019	Manaksar Gram Sewa Sahakari Samiti Ltd.	State & Ors.
53.	SBCWP No.9364/2019	Hakamabad Gram Sewa Sahakari Samiti Ltd.	State & Ors.
54.	SBCWP No.9365/2019	Rajpura Piperan Gram Sewa Sahakari Samiti Ltd.	State & Ors.
55.	SBCWP No.9367/2019	Jalkheda Gram Sewa Sahakari Samiti Ltd.	State & Ors.
56.	SBCWP No.9368/2019	5 MLD Gram Sewa Sahakari Samiti Ltd.	State & Ors.
57.	SBCWP No.9370/2019	Rotawali Gram Sewa Sahakari Samiti Ltd.	State & Ors.
58.	SBCWP No.9376/2019	Gadarkheda Gram Sewa Sahakari Samiti Ltd.	State & Ors.
59.	SBCWP No.9379/2019	54 LNP Gram Sewa Sahakari Samiti Ltd.	State & Ors.
60.	SBCWP No.9381/2019	Kishan Ganguwala Gram Sewa Sahakari Samiti Ltd.	State & Ors.
61.	SBCWP No.9382/2019	Sawantsar Gram Sewa Sahakari Samiti Ltd.	State & Ors.
62.	SBCWP No.9384/2019	31 PS Gram Sewa Sahakari Samiti Ltd.	State & Ors.
63.	SBCWP No.9385/2019	Keekarwali Gram Sewa Sahakari Samiti Ltd.	State & Ors.
64.	SBCWP No.9392/2019	Karadwali Gram Sewa Sahakari Samiti Ltd.	State & Ors.
65.	SBCWP No.9394/2019	Muklawa Gram Sewa Sahakari Samiti Ltd.	State & Ors.

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66.	SBCWP No.9395/2019	Jeevandesar Gram Sewa Sahakari Samiti Ltd.	State & Ors.
67.	SBCWP No.9396/2019	69 LNP Gram Sewa Sahakari Samiti Ltd.	State & Ors.
68.	SBCWP No.9401/2019	16 PS Gram Sewa Sahakari Samiti Ltd.	State & Ors.
69.	SBCWP No.9405/2019	10 TK Gram Sewa Sahakari Samiti Ltd.	State & Ors.
70.	SBCWP No.9409/2019	Ratanpura Gram Sewa Sahakari Samiti Ltd.	State & Ors.
71.	SBCWP No.9423/2019	11 PS Gram Sewa Sahakari Samiti Ltd.	State & Ors.
72.	SBCWP No.9466/2019	Pratap Pura Gram Sewa Sahakari Samiti Ltd.	State & Ors.
73.	SBCWP No.9476/2019	5 TK Gram Sewa Sahakari Samiti Ltd.	State & Ors.
74.	SBCWP No.9488/2019	Likhmeweala Gram Sewa Sahakari Samiti Ltd.	State & Ors.
75.	SBCWP No.9491/2019	3 MK Gram Sewa Sahakari Samiti Ltd.	State & Ors.
76.	SBCWP No.9506/2019	Shri Ganesh Gram Sewa Sahakari Samiti Ltd.	State & Ors.
77.	SBCWP No.9512/2019	Kanod Gram Sewa Sahakari Samiti Ltd.	State & Ors.
78.	SBCWP No.9528/2019	Altawa Gram Sewa Sahakari Samiti Ltd.	State & Ors.
79.	SBCWP No.9530/2019	Jusari Gram Sewa Sahakari Samiti Ltd.	State & Ors.
80.	SBCWP No.9535/2019	Khedisheela Gram Sewa Sahakari Samiti Ltd.	State & Ors.
81.	SBCWP No.9537/2019	Rendheda Gram Sewa Sahakari Samiti Ltd.	State & Ors.
82.	SBCWP No.9538/2019	Narela Gram Sewa Sahakari Samiti Ltd.	State & Ors.
83.	SBCWP No.9540/2019	Maniyawali Gram Sewa Sahakari Samiti Ltd.	State & Ors.
84.	SBCWP No.9541/2019	Bhojewala Gram Sewa Sahakari Samiti Ltd.	State & Ors.
85.	SBCWP No.9543/2019	Champawali Gram Sewa Sahakari Samiti Ltd.	State & Ors.
86.	SBCWP No.9544/2019	Sarnawada Gram Sewa Sahakari Samiti Ltd.	State & Ors.
87.	SBCWP No.9545/2019	Surpur Gram Sewa Sahakari Samiti Ltd.	State & Ors.
88.	SBCWP No.9547/2019	Sardarpura Gram Sewa Sahakari Samiti Ltd.	State & Ors.
89.	SBCWP No.9549/2019	Khatsajwar Gram Sewa Sahakari Samiti Ltd.	State & Ors.
90.	SBCWP No.9550/2019	Morjandkhari Gram Sewa Sahakari Samiti Ltd.	State & Ors.
91.	SBCWP No.9557/2019	Khakharki Gram Sewa Sahakari Samiti Ltd.	State & Ors.
92.	SBCWP No.9559/2019	Maroth Gram Sewa Sahakari Samiti Ltd.	State & Ors.
93.	SBCWP No.9561/2019	1 SKM Gram Sewa Sahakari Samiti Ltd.	State & Ors.
94.	SBCWP No.9577/2019	2SM Gram Sewa Sahakari Samiti Ltd.	State & Ors.
95.	SBCWP No.9578/2019	Jankidaswala Gram Sewa Sahakari Samiti Ltd.	State & Ors.
96.	SBCWP No.9579/2019	Sardarpura Khartha Gram Sewa Sahakari Samiti Ltd.	State & Ors.
97.	SBCWP No.9580/2019	Rangmahal Gram Sewa Sahakari Samiti Ltd.	State & Ors.
98.	SBCWP No.9582/2019	Ghamndiya Gram Sewa Sahakari Samiti	State & Ors.

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		Ltd.
99.	SBCWP No.9583/2019	Sawa Gram Sewa Sahakari Samiti Ltd.	State & Ors.
100.	SBCWP No.9584/2019	Mungana Gram Sewa Sahakari Samiti Ltd.	State & Ors.
101.	SBCWP No.9585/2019	17 MD Gram Sewa Sahakari Samiti Ltd.	State & Ors.
102.	SBCWP No.9586/2019	Indokha Gram Sewa Sahakari Samiti Ltd.	State & Ors.
103.	SBCWP No.9587/2019	Hathiyana Gram Sewa Sahakari Samiti Ltd.	State & Ors.
104.	SBCWP No.9608/2019	Bhaiya Kalla Gram Sewa Sahakari Samiti Ltd.	State & Ors.
105.	SBCWP No.9626/2019	Chothpura Gram Sewa Sahakari Samiti Ltd.	State & Ors.
106.	SBCWP No.9629/2019	Billu Gram Sewa Sahakari Samiti Ltd.	State & Ors.
107.	SBCWP No.9633/2019	Chakuda Gram Sewa Sahakari Samiti Ltd.	State & Ors.
108.	SBCWP No.9636/2019	Chakamaharajaka Gram Sewa Sahakari Samiti Ltd.	State & Ors.
109.	SBCWP No.9640/2019	Sangeeta Gram Sewa Sahakari Samiti Ltd.	State & Ors.
110.	SBCWP No.9689/2019	Shimbhpura Gram Sewa Sahakari Samiti Ltd.	State & Ors.
111.	SBCWP No.9691/2019	Udpura Gram Sewa Sahakari Samiti Ltd.	State & Ors.
112.	SBCWP No.9694/2019	Aeta Gram Sewa Sahakari Samiti Ltd.	State & Ors.
113.	SBCWP No.9696/2019	8 SPD Gram Sewa Sahakari Samiti Ltd.	State & Ors.
114.	SBCWP No.9697/2019	12 H Gram Sewa Sahakari Samiti Ltd.	State & Ors.
115.	SBCWP No.9698/2019	Dhavad Gram Sewa Sahakari Samiti Ltd.	State & Ors.
116.	SBCWP No.9699/2019	Ghatiyawali Gram Sewa Sahakari Samiti Ltd.	State & Ors.
117.	SBCWP No.9701/2019	12 GD Gram Sewa Sahakari Samiti Ltd.	State & Ors.
118.	SBCWP No.9714/2019	4 HH Gram Sewa Sahakari Samiti Ltd.	State & Ors.
119.	SBCWP No.9719/2019	Jalampura Gram Sewa Sahakari Samiti Ltd.	State & Ors.
120.	SBCWP No.9720/2019	Bhinchawa Gram Sewa Sahakari Samiti Ltd.	State & Ors.
121.	SBCWP No.9721/2019	Joosariya Gram Sewa Sahakari Samiti Ltd.	State & Ors.
122.	SBCWP No.9724/2019	Itawa Lakha Gram Sewa Sahakari Samiti Ltd.	State & Ors.
123.	SBCWP No.9725/2019	Sahanva Gram Sewa Sahakari Samiti Ltd.	State & Ors.
124.	SBCWP No.9726/2019	Dhananwar Gram Sewa Sahakari Samiti Ltd.	State & Ors.
125.	SBCWP No.9727/2019	Dobari Kalla Gram Sewa Sahakari Samiti Ltd.	State & Ors.
126.	SBCWP No.9728/2019	Bajoli Gram Sewa Sahakari Samiti Ltd.	State & Ors.
127.	SBCWP No.9729/2019	Safed Gram Sewa Sahakari Samiti Ltd.	State & Ors.
128.	SBCWP No.9730/2019	Nimbaheda Gram Sewa Sahakari Samiti Ltd.	State & Ors.
129.	SBCWP No.9731/2019	Chapri Gram Sewa Sahakari Samiti Ltd.	State & Ors.
130.	SBCWP No.9732/2019	Nandoli Mertiya Gram Sewa Sahakari Samiti Ltd.	State & Ors.
131.	SBCWP No.9734/2019	Lunawa Gram Sewa Sahakari Samiti Ltd.	State & Ors.

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132.	SBCWP No.9735/2019	Ramsiya Gram Sewa Sahakari Samiti Ltd.	State & Ors.
133.	SBCWP No.9753/2019	Dhamana Gram Sewa Sahakari Samiti Ltd.	State & Ors.
134.	SBCWP No.9754/2019	Aeklingpura Gram Sewa Sahakari Samiti Ltd.	State & Ors.
135.	SBCWP No.9755/2019	Gedha Kalla Gram Sewa Sahakari Samiti Ltd.	State & Ors.
136.	SBCWP No.9757/2019	Umand Gram Sewa Sahakari Samiti Ltd.	State & Ors.
137.	SBCWP No.9760/2019	Devapura Gram Sewa Sahakari Samiti Ltd.	State & Ors.
138.	SBCWP No.9761/2019	Thathiyana Mithari Gram Sewa Sahakari Samiti Ltd.	State & Ors.
139.	SBCWP No.9764/2019	Barwali Gram Sewa Sahakari Samiti Ltd.	State & Ors.
140.	SBCWP No.9766/2019	23 LGW Gram Sewa Sahakari Samiti Ltd.	State & Ors.
141.	SBCWP No.9768/2019	Manana Gram Sewa Sahakari Samiti Ltd.	State & Ors.
142.	SBCWP No.9769/2019	Ramsara Jakhadan Gram Sewa Sahakari Samiti Ltd.	State & Ors.
143.	SBCWP No.9771/2019	Ladoli Gram Sewa Sahakari Samiti Ltd.	State & Ors.
144.	SBCWP No.9773/2019	Bherupura Gram Sewa Sahakari Samiti Ltd.	State & Ors.
145.	SBCWP No.9775/2019	Devli Gram Sewa Sahakari Samiti Ltd.	State & Ors.
146.	SBCWP No.9739/2019	Dhamniya Large Area Multi Purpose Society (Lamps)	State & Ors.
147.	SBCWP No.9717/2019	Govindpura Gram Sewa Sahakari Samiti Ltd.	State & Ors.
148.	SBCWP No.9718/2019	Takarawali Gram Sewa Sahakari Samiti Ltd.	State & Ors.
149.	SBCWP No.9733/2019	Dovani Gram Sewa Sahakari Samiti Ltd.	State & Ors.
150.	SBCWP No.9741/2019	Chetrapwala Gram Sewa Sahakari Samiti Ltd.	State & Ors.
151.	SBCWP No.9743/2019	Makaradev Large Area Multi Purpose Soceity (LAMPS)	State & Ors.
152.	SBCWP No.9858/2019	Tarakhedi Gram Sewa Sahakari Samiti Ltd.	State & Ors.
153.	SBCWP No.9309/2019	Bhagwan Garh Gram Sewa Sahakari Samiti Ltd.	State & Ors.
154.	SBCWP No.9316/2019	2 KM Gram Sewa Sahakari Samiti Ltd.	State & Ors.
155.	SBCWP No.9327/2019	Sanghar Gram Sewa Sahakari Samiti Ltd.	State & Ors.
156.	SBCWP No.9872/2019	Langach Gram Sewa Sahakari Samiti Ltd.	State & Ors.
157.	SBCWP No.9904/2019	22 PS Gram Sewa Sahakari Samiti Ltd.	State & Ors.
158.	SBCWP No.9906/2019	Ridmalsar Gram Sewa Sahakari Samiti Ltd.	State & Ors.
159.	SBCWP No.9907/2019	74 RB Gram Sewa Sahakari Samiti Ltd.	State & Ors.
160.	SBCWP No.9908/2019	Bhadwawala Gram Sewa Sahakari Samiti Ltd.	State & Ors.
161.	SBCWP No.9909/2019	Nanuram Khata Gram Sewa Sahakari Samiti Ltd.	State & Ors.
162.	SBCWP No.9958/2019	Gursar Harijan Gram Sewa Sahakari Samiti Ltd.	State & Ors.
163.	SBCWP No.9962/2019	5 EEA Gram Sewa Sahakari Samiti Ltd.	State & Ors.
164.	SBCWP No.10269/2019	Kharlan Gram Sewa Sahakari Samiti Ltd.	State & Ors.

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165.	SBCWP No.10287/2019	1 I Badi Gram Sewa Sahakari Samiti Ltd.	State & Ors.
166.	SBCWP No.10291/2019	Dhingawali Gram Sewa Sahakari Samiti Ltd.	State & Ors.
167.	SBCWP No.10292/2019	Mirjewala Gram Sewa Sahakari Samiti Ltd.	State & Ors.
168.	SBCWP No.10293/2019	Jaisinghpura Gram Sewa Sahakari Samiti Ltd.	State & Ors.
169.	SBCWP No.10297/2019	Tarpal Gram Sewa Sahakari Samiti Ltd.	State & Ors.
170.	SBCWP No.10357/2019	Lunawato Ka Khera Large Area Multi Purpose Society (LAMPS)	State & Ors.
171.	SBCWP No.9011/2019	Chawandiya Gram Sewa Sahakari Samiti Ltd.	State & Ors.
172.	SBCWP No.9066/2019	Motipura Gram Sewa Sahakari Samiti Ltd.	State & Ors.
173.	SBCWP No.9068/2019	Palka Gram Sewa Sahakari Samiti Ltd.	State & Ors.
174.	SBCWP No.9170/2019	Kisan Gram Sewa Sahakari Samiti Ltd.	State & Ors.
175.	SBCWP No.9171/2019	Ghadsana Gram Sewa Sahakari Samiti Ltd.	State & Ors.
176.	SBCWP No.9303/2019	Bhdharwali Gram Sewa Sahakari Samiti Ltd.	State & Ors.
177.	SBCWP No.9313/2019	Eral Gram Sewa Sahakari Samiti Ltd.	State & Ors.
178.	SBCWP No.9321/2019	3 FDM Gram Sewa Sahakari Samiti Ltd.	State & Ors.
179.	SBCWP No.9325/2019	Kheruwala Gram Sewa Sahakari Samiti Ltd.	State & Ors.
180.	SBCWP No.9326/2019	Netawalgarh Gram Sewa Sahakari Samiti Ltd.	State & Ors.
181.	SBCWP No.9346/2019	Lohrana Gram Sewa Sahakari Samiti Ltd.	State & Ors.
182.	SBCWP No.9347/2019	Solaya Gram Sewa Sahakari Samiti Ltd.	State & Ors.
183.	SBCWP No.9524/2019	Arniya Panth Gram Sewa Sahakari Samiti Ltd.	State & Ors.
184.	SBCWP No.9527/2019	Samri Gram Sewa Sahakari Samiti Ltd.	State & Ors.
185.	SBCWP No.9531/2019	Itawa Bamniya Gram Sewa Sahakari Samiti Ltd.	State & Ors.
186.	SBCWP No.9534/2019	Chandi Gram Sewa Sahakari Samiti Ltd.	State & Ors.
187.	SBCWP No.9551/2019	Khatalavana Gram Sewa Sahakari Samiti Ltd.	State & Ors.
188.	SBCWP No.9554/2019	Dungar Singh Pura Gram Sewa Sahakari Samiti Ltd.	State & Ors.
189.	SBCWP No.9558/2019	Lanthawali Gram Sewa Sahakari Samiti Ltd.	State & Ors.
190.	SBCWP No.9637/2019	Budsu Gram Sewa Sahakari Samiti Ltd.	State & Ors.
191.	SBCWP No.9646/2019	Besroli Gram Sewa Sahakari Samiti Ltd.	State & Ors.
192.	SBCWP No.9650/2019	Bamniya Gram Sewa Sahakari Samiti Ltd.	State & Ors.
193.	SBCWP No.9654/2019	Kalwa Gram Sewa Sahakari Samiti Ltd.	State & Ors.
194.	SBCWP No.10023/2019	Kaminpura Gram Sewa Sahakari Samiti Ltd.	State & Ors.
195.	SBCWP No.10156/2019	Tejakawas Large Area Multi purpose Society (LAMPS)	State & Ors.
196.	SBCWP No.10157/2019	Darauli Gram Sewa Sahakari Samiti Ltd.	State & Ors.
197.	SBCWP No.10159/2019	Dewas Large Area Multi Purpose Scoiety (LAMPS)	State & Ors.
198.	SBCWP No.10246/2019	Padawali Kallan Large Area Multi Purpose	State & Ors.

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		Society (LAMPS)
199.	SBCWP No.10248/2019	Lasaraiya Large Area Multi Purpose Society (LAMPS)	State & Ors.
200.	SBCWP No.10250/2019	Nandwel Gram Sewa Sahakari Samiti Ltd.	State & Ors.
201.	SBCWP No.10256/2019	Daultpura Gram Sewa Sahakari Samiti Ltd.	State & Ors.
202.	SBCWP No.10263/2019	501 LNP Gram Sewa Sahakari Samiti Ltd.	State & Ors.
203.	SBCWP No.10450/2019	Odaki Gram Sewa Sahakari Samiti Ltd.	State & Ors.
204.	SBCWP No.10452/2019	9 H Bada Gram Sewa Sahakari Samiti Ltd.	State & Ors.
205.	SBCWP No.10459/2019	Pakki Gram Sewa Sahakari Samiti Ltd.	State & Ors.
206.	SBCWP No.10460/2019	Mohanpura Gram Sewa Sahakari Samiti Ltd.	State & Ors.
207.	SBCWP No.10461/2019	6 LNP Gram Sewa Sahakari Samiti Ltd.	State & Ors.

Barwali Gram Seva Sahakari Samiti Ltd., v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Barwali Gram Seva Sahakari Samiti Ltd., v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

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