CW-6082/03- Chittorgarh Grah Nirman Sahakari Samiti Ltd. Vs. State & Ors. Order dt.26.3.08 1/3 S.B. CIVIL WRIT PETITION NO.6082/2003 Chittorgarh Grah Nirman Sahakari Samiti Ltd. Vs. State & Ors. Date : 26.03.2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Manish Shishodia for the petitioner. Mr. Deepak Choudhary, Dy. Government Counsel. --------- 1. This writ petition has been filed by the petitioner being aggrieved of the order Annex.3 dated 4.2.2002 and order Annex.5 dated 9.7.2003, on a matter pertaining to petitioner, a Cooperative Society. Some enquiry was initiated to enquiry into the affairs of the Society and an enquiry officer was appointed on 30.10.2001. The report was received on 30.1.2002 and on the very next date i.e. 31.1.2002 the Assistant Registrar, Cooperative Society, Cittorgarh passed an order which is Annex.3 on record, inter alia cancelling the allotment of land allotted to one such person and allotting plots of land to other persons vide item No.5 in the said order and similar other adverse orders were passed in the same order. 2. The revision petition filed before the State Minister for Cooperatives was also dismissed by the impugned order Annex.5 CW-6082/03- Chittorgarh Grah Nirman Sahakari Samiti Ltd. Vs. State & Ors. Order dt.26.3.08 2/3 dated 9.7.2003 on the ground that an appeal should have been filed against the order dated 31.1.2002. 3. The learned counsel for the petitioner Mr. Manish Shishodia has submitted that the impugned order Annex.3 itself was ex facie illegal and in breach of principles of natural justice as Rule 73(5) of the Rajasthan Cooperative Societies Rules, 1966 specifically mandates that after the enquiry report an opportunity of hearing has to be granted to the concerned Cooperative Society by the Registrar before passing of order in the matter. Admittedly, no opportunity has been given to the petitioner – Cooperative Society. 4. The learned counsel for the respondents fairly does not dispute this factual position that no opportunity of hearing was given after enquiry report dated 30.1.2002 was submitted by the Enquiry Officer with Registrar. In view of this, the impugned order Annex.3 dated 31.1.2002 itself deserves to be set aside. The order rejecting the revision petition Annex.5 is also required to be consequently set aside. 5. Accordingly, this writ petition is allowed and both the CW-6082/03- Chittorgarh Grah Nirman Sahakari Samiti Ltd. Vs. State & Ors. Order dt.26.3.08 3/3 impugned orders Annex.3 dated 31.1.2002 and order Annex.5 dated 9.7.2003 are quashed and set aside and the matter is remanded back to the Assistant Registrar, Cooperative Societies, Chittorgarh for passing fresh orders in accordance with law after giving proper notice and opportunity of hearing to the petitioner along with copy of enquiry report dated 30.10.2001 and pass appropriate speaking orders in accordance with law. 6. With these observations, this writ petition is allowed. No costs. [ DR. VINEET KOTHARI ], J. item No.74 babulal/-