mmm mmwm 31mm (Wu) mafaam S e m le Bench Hon’bl mamifwmn aKafdnaném ustice Dhirendra Mishra W P 1600I2009 (Petition under Artlcle 2 6 of Constututuon of India) Petitioner 1 . YL Nar5lmh n aged about 69 years Son of Late N Y Venkaas amy ' ' Respondents ‘ P“‘:. Vs J . C . Rajw Choub y. aged about 40 years Son of B Choubey, Sandeep C oudhary, aged about 39 years, Son Amrik Singh aged about 46 years, Son of Seva SK Choudha y, .Singh, . - SmtjShrad ha Kashyap, aged about 35 years, ' Wife of Pra h Kashyap, k s AH C/o Smn Gnh Nlrman Sanstha Smrm Nagar Bhllal dlstnc Durg (CG) ' Smrm Grlha Nlrman Sahakari Samitiry Maryadit (Regd. No.6 )Junwani Distt. Durg (CG) 1 State of hhatusgarh Through Secretary, Co- PO Ralp r, Distt. Raipuri (C.G.) operatlv 2. Registra Co-oeerative Society Raipur(CG) 3. Deputy- 'istrar Cooperative Society, Durg (CG)‘ ‘ 4. "SK Das n of Shri JL Des. aged about 59 years, r sident of House 'No.C-35 Street No.14, S riti Nagar, Bhilai Durg (CG) Depanment Mantraiaya Bhawan .. ,5. SR‘ Sha a Son of Someswar Rao,- aged about 68 years R/o C 23 Street No 7 Smriti NagarB lal Durg (CG) 6. Sandeep Ramteke Son of Late AR Ramteke ’ ‘ aged ab ut 28 years resudent of House No C- 70 Street No 15 Smrlti Nagar Bhital Durg (CG) .7. AR Patii n of Late Shn Babu Rao Paid aged / ’about 65 years resldent of House No C 1 i3' ,Street N 16 Smrm Nagar Bhilai Durg (CG) r 8.‘ Am Aro Dlo Shri SC Arora aged about 34 JV year re dent of House No 21 Street N0\7 9, Dilip R y Choudhary Son of Shri S“; _ Smriti Na ar Bhilai Durg (CG) W K o g o K XI-HQ—78 mmw mmm WWW‘§W awfmnm vDy Registrar before the Registrar Co operative SOCIety on 28 2 2009 However the Iearned Registrar has not deCIded the stay applicatuon and. - kept It pendlng / / Learned counsel for the peti loner submits that In the absence of any stay order the Dy Regrstrar Is proceedlng With the matter In these ay be Issued to the Registrar Co- Wm m zoo Wm (Wu) WWW 2. Roychoudl ary aged about 5O years, resident of» House HOB-17, Street No.12, Smriti Nagar Bhilai, Dun; (CG) 26.3.2009 Mr.Jitendra Pali, counsel for tte petitioners. Mr. Alok Baxi, Govt. Advocate for the State. Heard. Petitioner No.1 is the Presider Committee) of Smriti Griha Nirman petitioners No.1 2 to 5 and respond? Managing Committee. Dy. Registrar, the Managing Committee of the peti Lioners and others with a show cause notice under Section 53(2) of the Ch attisgarh Co-operative Societies Act, 1960 (for brevity “the Act, 1960"). In response to the said notice, the petitioners raised certain objection on 11.2.2009ivide Annexure P/10. However, the same were filed on 19.2.2009 and the petitioners were directed to file reply to the show-cau e notice. the petitioners preferred revision under Section 78 of the Act 1960 and also moved an application for staying further proceedings purs ant to the show-cause notice by the Against the order dated 19.2.2009, ‘ Circumstances, swtable directions it of the Board of Directors (Managing Sahakar I Sanstha Maryadit, whereas, ants No. 4 to 9 are directors of the Co—operative Society, Durg served W , WI.m Ft 200 a&mnw$($ §E§) WWW 3 WW w wmm $3imm operative Society to decide the stay application as well as revision petition (Annexure P/1 2) preferred by the petitioners expeditiousiy in accordance with Iaw. Shri AIOk Bakshi, Iearned G0\t. Advocate for the State s'ubmits that the State has no objection if the respondentNo;2/Registrar is directed to decide the stay application as well x revision preferred by the petitioners in accordance with Iaw expeditiously in view above submissions‘ learned counsel for the parties, the instant petition is disposed of with a irection to respondent No.2/Registrar to decide the stay application prefe red by the petitioners in the revision under Section 78 of the Act, 196 against the order dated 19.2.2009 passed by respondent No.3/Dy. Re strar in accordance with law within a period of four weeks from the date o production of copy of this or Sd/- ‘ Dhirendra Mishrai Vii Judge W b