Kailai Dugdh Utpadak Sahkari Samiti Limited Vs the State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

Kailai Dugdh Utpadak Sahkari Samiti Limited Vs the State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with liberty to the petitioner to file an appropriate application before respondent No.3 for redressal of grievances; respondent No.3 expected to pass an appropriate order within three weeks if the application is submitted within one week; stay and pending applications disposed of; for four weeks the order dated 30.06.2025 not to be given effect.

Issue for consideration

Whether the order dated 30.06.2025 passed by respondent No.3 directing shifting of the petitioner's dairy, without any notice or opportunity of hearing, violated the principle of natural justice. +1 more

Court's answer

Before passing any adverse order against a person, at least one opportunity of hearing is required to be given; passing such an order without notice and hearing results in violation of the principle of natural justice.

Ratio / Principle

On perusal of the record, this Court found that the order dated 30.06.2025 was passed against the petitioner by respondent No.3 without issuing any notice and without providing any opportunity of hearing, i.e., the impugned order was passed straightaway, resulting in violation of natural justice.

Key takeaways

This Court deemed it just and proper to dispose of the present writ petition with liberty to the petitioner to file an appropriate application before respondent No.3 for redressal of grievances; if such application is submitted within one week, respondent No.3 is expected to pass an appropriate order within three weeks thereafter.ratio¶21
As an interim measure, for a period of four weeks the order dated 30.06.2025 shall not be given any effect; further, the stay application and all pending applications stood disposed of.ratio¶23

Detailed headnote1 paragraphs

Rajasthan High Court (Jaipur Bench), single-judge order by Justice Anoop Kumar Dhand dated 01/08/2025, disposing of S.B. Civil Writ Petition No. 10632/2025 filed by Kailai Dugdh Utpadak Sahkari Samiti Limited against the order dated 30.06.2025 issued by respondent No.3 (Jaipur Zila Dugdh Utpadak Sahkari Sangh Limited) directing shifting of the petitioner's dairy elsewhere. Recording that before passing any adverse order at least one opportunity of hearing must be given, the Court found the impugned order had been passed straightaway, without any notice or opportunity of hearing, resulting in violation of the principle of natural justice. The petition was disposed of with liberty to the petitioner to file an application before respondent No.3 (to be submitted within one week, with respondent No.3 expected to act within three weeks thereafter); stay and pending applications were disposed of, and for four weeks the order dated 30.06.2025 was directed not to be given effect. Counsel's contention that respondent No.3 lacked jurisdiction under Section 55 of the Rajasthan Cooperative Societies Act, 2001 was noted on behalf of the petitioner; the jurisdictional point was not adjudicated in this order.

[2025:RJ-JP:29585]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Civil Writ Petition No. 10632/2025

Kailai Dugdh Utpadak Sahkari Samiti Limited, Situated At Village Kailai, Namner, District Dausa, Rajasthan- 303508, Through Its Secretary, Dhara Singh Meena S/o Ramji Lal Meena, Aged About 41 Years, R/o Kailai, Namner, District Dausa, Rajasthan - 303508.

----Petitioner

Versus

The State Of Rajasthan, Through Registrar, Cooperative Societies, Nehru Sahakar Bhavan, Bhavani Singh Road, 22 Godam Circle, Jaipur, Rajasthan.

Deputy Registrar, Cooperative Societies, Jaipur Diary, Near Gandhi Nagar, Railway Station, District Jaipur, Rajasthan.

Jaipur Zila Dugdh Utpadak Sahkari Sangh Limited, Through Its Managing Director, Near Gandhi Nagar Railway Station, District Jaipur, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Harendra Neel For Respondent(s) :

JUSTICE ANOOP KUMAR DHAND Order

01/08/2025

Counsel for the petitioner submits that by passing the impugned order dated 30.06.2025 the respondent No.3 directed for shifting the dairy of the petitioner elsewhere. Counsel submits that the aforesaid order was passed without issuing any notice or without providing any opportunity of hearing to the petitioner. Counsel submits that the respondent No.3 did not have any jurisdiction to pass the same as per Section 55 of the Rajasthan Cooperative Societies Act, 2001.

[2025:RJ-JP:29585]

[CW-10632/2025]

(2 of 2)

Heard and considered the submissions made at Bar and perused the material available on record.

A perusal of the recod indicates that the order dated 30.06.2025 has been passed against the petitioner without issuing any notice or without providing any opportunity of hearing to the petitioner, by the respondent No.3.

It is a settled proposition of law that before passing any adverse order against a person at least one opportunity of hearing is required to be given but in the instant case, neither any notice nor any opportunity of hearing was provided to the petitioner and straightway the impugned order has been passed which has resulted in violation of the principle of natural justice.

Considering the above, this Court deems it just and proper to dispose of the present writ petition with liberty to the petitioner to file an appropriate application before the respondent No.3 for redressal of his grievances. In case such application is submitted by the petitioner within a period of one week from today it is expected from the respondent No.3 to pass appropriate order within a period of three weeks thereafter.

Stay application and all pending application(s), if any, also stands disposed of.

For a period of four weeks, the order dated 30.06.2025 shall not be given any affect.

(ANOOP KUMAR DHAND),J

Ashu/23