IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Writ Petition No. 8262 of 2009 DATE OF DECISION : MAY 27, 2009 NARESH KUMAR GUPTA & ANR. ....... PETITIONER(S) VERSUS THE REGISTRAR, COOPERATIVE SOCIETIES, HARYANA & ORS. .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. Pardeep Solath, Advocate, for the petitioner(s). AJAI LAMBA, J. (Oral) Learned counsel for the petitioners contends that respondent No.12-Society is a multi-State Society and, therefore, the Registrar, Cooperative Societies, Haryana had no power to exercise as Central Registrar under the Multi-State Cooperative Societies Act, 2002 (for short 'the Act'). Learned counsel further contends that detailed grounds were taken indicating the legal position as also the factual position, as is evident from the application (Annexure P-3) filed on behalf of the petitioners. Civil Writ Petition No. 8262 of 2009 2 However, none of the grounds has been dealt with, rather vide a non- speaking order (Annexure P-5), the application in regard to the maintainability of the petition has been dismissed. Notice of motion to respondent No.1. At the asking of the court, Mr. Sunil Nehra, Assistant Advocate General, Haryana, accepts notice. Impugned order dated 2.4.2009 (Annexure P-5) reads as under:- “Sh. B.S. Saini, counsel for the petitioner, Sh. Pardeep Solath counsel for Respondent no. 1, 2 to 10, 13 & 14 and Sh.B.B. Sharma, counsel for respondent no.11 & 12 are present. Arguments of both the parties have been heard on application filed by the respondent counsel for non maintainability of the present petition. Therefore, the application for non maintainability is dismissed and proceeding will continue. The case is adjourned to 28-5-09 at p.m. for reply.” I find from the grounds (Annexure P-3) taken on behalf of the petitioners that various grounds were taken, including reference to the provisions of the Act, to contend that the Registrar, Cooperative Societies, Haryana, had no power to deal with the issue, as respondent No.12-Society is a multi-State society. The extracted portion of the impugned order establishes that the grounds taken on behalf of the petitioners have not been dealt with at all. The impugned order further indicates that the arguments, Civil Writ Petition No. 8262 of 2009 3 indeed, were addressed while pressing the application. The litigants have a right to know the grounds on which their application/petition is either allowed or dismissed to enable them to take further recourse to law. This petition is, accordingly, allowed. Impugned order (Annexure P-5) is set aside. The matter is relegated to the Registrar, Cooperative Societies, Haryana, with directions to deal with the grounds taken on behalf of the petitioners and pass a reasoned and speaking order. The Registrar, Cooperative Societies, Haryana shall issue notice to all concerned, rehear the matter and pass a reasoned and speaking order. The application be disposed of within 6 weeks of receipt of a certified copy of this order. Learned counsel for the petitioners has informed the court that the matter is fixed before the Registrar, Cooperative Societies, Haryana, for tomorrow i.e. 28.5.2009. Copy of the order be given dasti under the signatures of the Reader of the Bench so that the Registrar, Cooperative Societies, Haryana, could be informed about the passing of this order. May 27, 2009 ( AJAI LAMBA ) Kang JUDGE