/ III Tn HIGH COURT OF JUDICAT‘URE AT BILAEP‘UR y writ Petition no.32e'23 [2003 PETITIONER Jugal Kishor‘e Singh, S] o Shri Satyapal Singh, Aged about 4O years, / Vishrampur, Occupation— Service, P.S. Vishrampur. R] o Pas’ , Soorjpur, District— Sarguja (6.9:): RESPONDENTS - : Versus — l. . State of Chhattisgarh, Through Secretary, C—operative Department, Mantxalaya, D. K. S. Bhawan, Shastri Chowk, Raipur (C.G.). 2. Deputy Registrar, Co-operau‘ve Societies, Ambikapur (C.G.). 3. Collem'y Workers Co-oparative Consumer Stores Ltd. Vishrnmpur, Through its President Shn' Mangla Singh Yadav S] o Late Shri Ram Nandan Singh Yadav, R/ o Vishrampur, RS. Vishrampur, Tehsil— Soorajpur District— Sarguja (C.G.). 4. Shri Mangla Singh Yadav, SI o Late Shri Ram Nandan Singh Yadav. Rio Vishrampur, RS. Vishrampur, Tehsil— Soorajpur, District- $arguja (CG) WRIT PETITOI Unm. ARTICLE 22gl227/1/0F- TE CONSTITUTION OF INDIA FOR IS$UAHCE OF A SUITABLE WRIT. ORDER OR DIRECTION TO DO JUSTICE II THE 2. PARTICULARS OF THE RESPONDENTS : As per cause title. y 'M'ATTER. / f. ‘b’ Details of the petition. g (22%“ “$7. y l. PARTICUIARS OF THE PETITIONER: As per cause title. ”:(‘o‘ ‘w (a \ .. Q' Q‘ i 6°x. &‘ .Q‘. 6‘5» J...“ xew" . XI-HC-ZZ' , mmmm registered under the Chhatti The election for the managing ommittee of the society was held. on 10.06.1998 and in that eleeti n the petitioner was elected for the post of Director and vide resol tion dated 23.04.2001 the petitioner was appointed on behalf of th society for. distribution of the L.P.G. gas cylinders and accordin y, the petitioner was required to arrange funds for the same. A ting on the resolution of the society obtained a loan through the p titioner and the petitioner deposited FDR. of his father and on of his friend towards security for obtaining loan of R‘s.2,00,00 i- from the State Bank of India, Branch Vishrampur and the p titioner also arranged Rs. 1,00,000/ - from his own sources for the work of distribution of gas cylinders. Grievance of the titioner is that without giving show cause notice and Without lcalling the meeting of Managing Committee respondent no.4 re movéd the petitioner from the posEfofw 19 . 1 1 .2003 Shri Rajeev Shn'vastava, counsel for the petitioner. Shri Sanjay K. Agrawal, Deputy Advocate >Genera1 for respondent no. 1 65 2.. Shri Shailendra Shukla, ‘ounsel for respondent no 3 65 4 n r By this writ petition u Amcle 226 8n 227?;offc‘onsiitution 'y’ of India the petiu'oner seeks to hallenge the order dated 27.09.2003 passed by respondent 110.2— De uty Registrar in case No. 13/ 03/04. in the city of,Vishrampur for the The petitioner’s case is benefit of the employees of th . South Eastern Coal Fields Ltd. the society was constituted in year 1990. The said society is Cooperative Societies Act, 1960. / [nu t e h s d ' g i XI-HC-22 Director, Being aggrieved by ‘ihe action of respondent no.4 the the mspondent no.2 under Section 64 f the Act, which is Annemre P-l. Alongwith the dispute tho petitioner also med an application under Section 151 of Code of The the case ami fmding a prima‘facie respondent no.2 has registemd case in favour of the petitioner vide order 22.09.2003 gmnted ex-parte temporary injuuch'on in favour of the petitioner and oxed In the meantime an alongwith an applicatioo for urgent application for vacating the stay hearing was field befoie the respondentno2 and respondent no.2 without giving any notice to the petitioner allowed the application for urgent hearing Vide order dated 25.09.2003 and hxe’d the matter for hearing on 27.09.2003 and notice was issued to the petitioner, which was served at the back of the petitioner on his wife at about 0800 hrs in the night of 26.09%003, at that time the petitioner was at Manendragarh where his Wife informed him and the petitioner returned back in the‘moming i.e. 011 27.09.2003 and engaged a Counsel and counsel for the petitioner appeared before respondent no.2 and asked for time to file reply and hearing but without giving opportunity of hearing to coun pm. vide impugned order dated granted in favour of the petih'oner. Therefore, the impugned order be quashed. Return on behalf of respondent no.3 85 4 has been med. Shri Agalwal, is present on behalf of respondent no. 1 8r. 2. ;e1 for the petitioner at about 2.00 27.09.2003 vacated the stay order [00W petitioner raised a dispute before Civil Procedure for staying the operation of the? oider. the matter for hean'ng on 10.10.2003.