Assistant Registrar (Presently Deputy Registrar) Vs Khora Meena Grah Nirman Sahakari Samiti Ltd.

[2025:RJ-JP:43177-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

D.B. Civil Special Appeal (Writ) No. 558/2025

Assistant Registrar (Presently Deputy Registrar), Cooperative Societies, Jaipur (Rural), Mini Secretariat, Bani Park, Jaipur.

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----Appellant

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Versus

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Khora Meena Grah Nirman Sahakari Samiti Ltd., Correspondence Address Shop No. 17-18, Shyam Nagar Extension, Benar Road, Jaipur Rajasthan Through Its Secretary And Registered Address Village Khora Meena, Panchayat Samiti Amer District Jaipur.

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----Respondent

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Connected With

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D.B. Writ Restoration Application No. 1286/2024

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In

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S.B. Civil Writ Petition No.11169/2014

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Assistant Registrar, Cooperative Societies, Jaipur (Rural).

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----Appellant

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Versus

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Khora Meena Grah Nirman Sahakari Samiti Ltd., Jaipur Through Secretary.

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----Respondent

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For Appellant(s)	: Mr. B.S. Chhaba, AAG assisted by Mr. Hardik Singh &
	Mr. Satyam Bhardwaj
For Respondent(s)	: Mr. Deepak Kumar Sharma with Mr. Prashant Kumar Dubey

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HON'BLE THE ACTING CHIEF JUSTICE MR. SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU

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Order

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28/10/2025

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D.B. Civil Special Appeal (Writ) No.558/2025 is time barred by 284 days. It challenges the order passed by the learned Single Judge wherein, the learned Single Judge noticed that the order

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[2025:RJ-JP:43177-DB]

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[SAW-558/2025]

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(2 of 4)

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passed by the Rajasthan State Cooperative Tribunal, Jaipur (for short ‘the Tribunal’) dated 21.02.2014 had not been implemented. Respondent had preferred the writ petition in the year 2018 seeking implementation of the order. Learned Single Judge also noticed that the Assistant Registrar, Cooperative Societies had challenged the order passed by the Tribunal dated 21.02.2014 by preferring S.B. Civil Writ Petition No.11169/2014, but the same was dismissed for non-compliance of peremptory order on 07.07.2017. Thus, it held that the Tribunal’s order dated 21.02.2014 had attained finality and, therefore, directed the respondents to implement the same within two months. It appears that not only two months lapsed, but further after about one year, the present appeal has been filed and on the last occasion, it was submitted by the counsel that they have also moved application seeking restoration of the earlier writ petition preferred by them i.e. S.B. Civil Writ Petition No.11169/2014. In view thereof, we directed the restoration application filed by the Assistant Registrar, Cooperative Societies, Jaipur to be placed before us.

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Learned counsel has submitted that original S.B. Civil Writ Petition No.11169/2014 deserves to be restored to its original number, as it was dismissed due to inadvertence on the part of the concerned counsel, who was dealing with the cases and the appellants had no knowledge about it.

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We have carefully gone through the order-sheets of S.B. Civil Writ Petition No.11169/2014.

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We noticed that after filing of the writ petition, the Registry asked the writ petitioner to remove the defect(s). Case was listed before the Registrar (Admn.) on 28.11.2014, but the defect(s)

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[2025:RJ-JP:43177-DB]

¶31

[SAW-558/2025]

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(3 of 4)

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were not removed. The case was thereafter listed before this Court on 17.12.2014. The Court granted four weeks further time to the petitioner to remove the defects and passed a peremptory order. However, defect(s) were not removed. On 03.02.2015, Deputy Registrar (Judl.) noticed that since the defect(s) have not been removed, the writ petition was dismissed in compliance of Court’s order. Thereafter, an application for restoration was moved. On 16.01.2017, this Court observed that although it was highly belated, but granting indulgence recalled its earlier order dated 17.12.2014 and restored the writ petition to its original number. But surprisingly, even thereafter, defect(s) were not removed. On 25.03.2017, the Court granted further one week’s time to remove the defect(s) making it a peremptory order, but since the defect(s) were not removed, the petition was ultimately dismissed on 07.07.2017. No further application was moved in the said case.

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In the meanwhile, writ petition was filed by respondent in the year 2018 and when the case came up before the learned Single Judge, it was noticed that the writ petition preferred by the appellant stands already dismissed. Learned Single Judge, accordingly, directed for implementation of the order passed by the Tribunal vide order dated 24.04.2024. Despite having received the order dated 24.04.2024, no steps were taken for almost another eight months for moving any restoration application in the original writ petition and ultimately, the restoration application was filed on 12.12.2024. The Court asked the appellant for filing additional affidavit. An additional affidavit has been filed wherein,

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(4 of 4)

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[2025:RJ-JP:43177-DB]

¶37

[SAW-558/2025]

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vague averments have been made seeking restoration. The present appeal is also delayed.

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The casual and reluctant approach adopted by the appellant in pursuing the earlier writ petition and the present appeal speaks volumes of the method and manner in which the cooperative department is functioning.

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While we leave it open for the Registrar, Cooperative Society to take departmental proceedings against the concerned officers, who were responsible for the aforesaid lapses, we do not find it a fit reason to condone the delay in filing the present appeal or for restoring the earlier writ petition.

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Consequently, D.B. Civil Special Appeal (Writ) No.558/2025 as well as the restoration application No.1286/2024 filed in S.B. Civil Writ Petition No.11169/2014 are dismissed with cost of Rs.1,00,000/-, to be recovered from the concerned officers and to be deposited with the Rajasthan State Legal Services Authority, Jaipur.

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A copy of this order be placed in the connected file.

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(BALJINDER SINGH SANDHU),J (SANJEEV PRAKASH SHARMA),ACTING CJ

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N.GANDHI/RAJAT/44-45

Assistant Registrar (Presently Deputy Registrar) v. Khora Meena Grah Nirman Sahakari Samiti Ltd.

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Assistant Registrar (Presently Deputy Registrar) v. Khora Meena Grah Nirman Sahakari Samiti Ltd.

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