CWP-13879/2010 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.13879/2010 Mahendra Singh Singhvi Versus. The State of Rajasthan & anr. Date of Order ::: 25/10/2010 Hon'ble Mr. Justice Ajay Rastogi Mr. Hans Kumar Sharma, for petitioner. Instant writ petition has been filed by the petitioner alleging himself to be a senior citizen and resident of Mithila Path, Shyam Nagar, Jaipur. His grievance is that the society, which has been registered in the name of Shyam Nagar Jan Kalyan Samiti, is indulged in illegal acts of setting up temple in public park, creating noise pollution by using loudspeakers at late night and constructing dwelling units in the earmarked public park. Taking note thereof, the petitioner filed application for cancellation of registration of the Society before the Registrar, Cooperative Societies, Rajasthan, Jaipur, however, his application was rejected vide order dated 09/12/2007 by assigning reason that if any encroachment has been made on the public land, in a facility area, the petitioner will be at liberty to make complaint to the Jaipur Development CWP-13879/2010 //2// Authority/Jaipur Municipal Corporation as the case may be but the Registrar, Cooperative Societies does not hold any power for cancellation of the registration for the reasons aforesaid. It appears that the petitioner further reiterated his grievance and submitted appeal under Section 104 of the Cooperative Societies Act, 2001 and that was also rejected on the premise that the Registrar, Cooperative Societies does not hold any competence to examine the grievance raised by the petitioner with respect to the encroachment, as alleged, being made at the behest of the respondent- society. However, it has been observed that the petitioner is always at liberty to raise objections or make complaint before the Jaipur Development Authority/ Jaipur Municipal Corporation, as the case may be. Counsel submits that if the society, which as been registered with the Registrar, Cooperative Societies under the Societies Registration Act, is indulged in illegal acts and set up temple in public park and creating noise pollution, that can certainly be considered by the Registrar, Cooperative Societies for cancellation of its registration. The submission is wholly without substance CWP-13879/2010 //3// for the reason that the encroachment, if any made on the public place or facility area which is under the jurisdiction of Jaipur Development Authority/ Jaipur Municipal Corporation, complaint can certainly be made to the concerned agency, however, no provision has been brought to the notice of this Court which authorizes the Registrar, Cooperative Societies to hold competence to examine such grievance raised by the petitioner in regard to cancellation of the registration of the Society. This Court does not find any substance in the writ petition and the same is dismissed. However, the petitioner is at liberty to raise objection or make complaint to the competence authority if so advised. (Ajay Rastogi), J. Raghu/p.3/ 13879-CW-2010-final.doc