IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. C.W.P. No. 2238 of 2008. Decided on 5th July, 2011. _____________________________________________________ Shri Harbans Lal Vaidya. …Petitioner. -Versus- State of Himachal Pradesh and others. …Respondents. Coram: The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No. __________________________________________________________ For the petitioner. : Mr. J.S. Bhogal, Senior Advocate with Mr. Tarunjeet Bhogal, Advocate. For respondents No. 1 to 4. : Mr. Vikas Rathore, Deputy Advocate General with Mr. R.P. Singh, Assistant Advocate General. For respondent No. 5. : Mr. R.S. Gautam, Advocate. ---------------------------------------------------------------------------------------- Rajiv Sharma, Judge (Oral): Case of the petitioner, in a nut-shell, is that the adverse material has been collected and relied upon by the Additional Registrar (Monitoring), Co-operative Societies, Himachal Pradesh, Shimla while deciding the case No. 207/07 on 25.06.2008 without supplying the same to the petitioner. 2. Mr. J.S. Bhogal, learned Senior Advocate for the petitioner has specifically brought to the notice of this Court that the copy of affidavit dated 24th May, 2008 alongwith copy of the statement of accounts has also not been supplied to his client. 1 Whether the reporters of the local papers may be allowed to see the judgment?. No. - 2 - 3. It is settled law by now that entire material to be used against a person must be supplied to him, to enable him to point out the circumstances against him and to prove his case (see State of Orissa Versus Binapani Dei and others, AIR 1967 Supreme Court 1269). This position is not disputed by the learned counsel appearing on behalf of the parties. 4. Consequently, with the consent of parties, the order dated 25.06.2008 (Annexure P-7), passed by the learned Additional Registrar (Monitoring) Co-Operative Societies, Himachal Pradesh Shimla in Case No. 207/07 is quashed and set aside. He is directed to decide the matter afresh after supplying the adverse material to the petitioner which finds mention in his order and thereafter to conclude the hearing within a period of six months from today. In order to avoid the delay, the parties are directed to make themselves available before the learned Additional Registrar (Monitoring) Co- Operative Societies, Himachal Pradesh Shimla on 19th July, 2011. 5. With the aforesaid observations/directions, the petition stands disposed of, so also the pending application(s), if any. No costs. Copy dasti, on usual terms. (Rajiv Sharma) Judge July 05, 2011. (bhupender) - 3 - - 4 - `