CW 3563/10 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.3563/10 Smt. Raminder Kaur & Ors. Versus Defence Griha Nirman Sahkari Samiti Ltd. & Ors. DATE OF ORDER : 16/03/2010 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Mukesh Sharma, for petitioner *** Petitioners filed a suit u/s.58 of Rajasthan Co-operative Societies Act, 2001 before the Sub- Registrar. However, learned authority vide communication dt.22nd October, 2007 returned the suit to the petitioner with an observation that letter of Society/allotment of proposal of petitioner No.2 have not been produced, therefore, the suit is not maintainable. However, against the order dt.22nd October, 2007, the petitioners preferred Appeal No.163/07 before Rajasthan State Co-operative Tribunal, Jaipur. The non-petitioners filed reply to the appeal. Taking note thereof, learned Tribunal while rejecting appeal preferred, granted liberty to file a fresh suit in accordance with law before Deputy Registrar, Co-operative Societies, Kota vide order dt.11th February, 2010. It has been informed that in terms of liberty granted by Tribunal, suit has been filed by petitioners before Sub-Registrar, Co-operative Societies. Counsel submits that non-petitioners have CW 3563/10 [2] started to raising construction and if that has not been stayed during pendency of the suit, certainly rights will be conferred in their favour which may cause prejudice to them. Since the suit has been filed in terms of liberty granted by Tribunal vide order dt.11th February, 2010, it will not be appropriate for this Court to examine the dispute raised in the instant petition. However, for interim relief, the petitioner will be at liberty to file application before the authority where suit has been preferred. If such application for interim relief is filed, the authority is expected to decide the same in accordance with law. With these directions/observations, writ petition stands disposed of. [AJAY RASTOGI], J. FRBOHRA3563CW10 16-03.doc