1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. C.W. Pet. No. 471/1998 Sirohi Central Co-operative Bank Ltd., Sirohi Versus State of Rajasthan & Ors. Date of order : 22.2.2010 HON'BLE MR.JUSTICE A.M.SAPRE Mr. R.N.Upadhyay, for the petitioner. Mr. G.R.Punia, AAG & Mr. D.K.Parihar, for the respondents. <><><> By filing this writ petition under Article 226/227 of the Constitution of India, the petitioner- a cooperative society seeks following reliefs:- (i) By a writ of mandamus, the respondents may kindly be directed to reimburse the entire amount of Rs. 126.31 Lakhs due as on 31.12.97 alongwith interest accrued thereon on the principal amount till the same is fully reimbursed to the petitioner. (ii) A declaration may be given that the petitioner is entitled for the above amount of Rs. 126.31 lakhs and the interest accrued thereon the principal amount. (iii) A direction may be given that the observations made by the respondent No. 2, Secretary, Co-operative Department, Government of Rajasthan being not in accordance with the scheme, may be quashed. (iv) The respondents also be directed to finalise and sanction the Scheme aimed of compensating the petitioner Bank reported to have been framed by NABARD and 2 pending with the Government of India as detailed in order dated 19.12.1995 of the respondent No.2.” Notice of this writ was issued to respondents. They are served and represented. 2. It is brought to my notice at the outset that Government of Rajasthan Cooperative Department by the order dt. 9.12.1995 / 26.12.1998 Annexure-5 was pleased to pass an order in relation to subject matter of this case, which reads as under:- “...I am inclined to agree to the suggestion given by the representative of NABARD that a dummy balance sheet may be prepared alongwith the audited balance sheet to show separately the receivables on account of the ARDR Scheme disputed amount. I was given to understand that NABARD has already moved a proposal for a new scheme to cleanse the balance sheet of the left-over problems of the ARDR Scheme. The scheme is pending with the GOI and if the scheme is approved by the GOI, these CCBs would be compensated adequately. Now that the ARDR Scheme has come to an end, it is expedient to wait for the final decision of the GOI on the scheme mooted by NABARD.” 3. It is not in dispute that the aforementioned order came to be passed by the Secretary, Cooperative Department pursuant to the earlier writ issued by this Court being W.P. No. 4630/93 dt. 8.8.1995 referred to in the order itself. 4. In my opinion, in the light of what is observed in the order supra, the proper and appropriate course would be to await the 3 outcome of the final decision which is required to be taken by the Government of India on the scheme mooted by NABARD. Indeed this is what has been stated in the order. When the issue is pending consideration with the authorities responsible to take a decision then in such event, the Court should not pre-empt a decision nor should make any endeavor to influence the decision making process in respect of such issue and authorities should be allowed to take decision in such matters at their end depending upon the facts and circumstances appearing. That stage is yet to come in this case. 5. Accordingly and in the light of the aforesaid discussion, this petition is finally disposed of with a direction to the respondents no. 5 and 6 to take a final decision if not so far taken in respect of scheme mooted by NABARD to enable the respondents no. 1 to 3 to decide the issue of the petitioner in respect of the cause for which this writ petition is filed. It is hoped that the decision would be taken if not taken earlier expeditiously, so that issue relating to financial matters which involve cooperative movement is not further delayed. 6. The outcome of the decision so taken be communicated to the parties concerned, so that they are able to take appropriate remedy as may be available to them in accordance with law. No cost. (A.M.SAPRE ),J. /Sushil/