BAMBLOO DUGDH UTPADAK SAHKARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) PETITIONER Bambloo Dugdh Utapadak Sahkari Samiti Limited, Bambloo has filed this writ petition under Article 226 of the Constitution for quashing the order dated September 22, 1977 (Ex. 1) passed by the Minister of Cooperatives, Rajasthan, Jaipur.

(2.) BRIEFLY stated the facts are these. The petitioner is a Cooperative Society registered under the Rajasthan Co -operative Societies Act, 1965 (hereinafter referred to as 'the Act'). The object of the society is to collect milk from farmers and supply to the Uttari Rajasthan Sahkari Dugdh Utpadak Sangh Limited, Urmul Dairy, Ganganagar Road, Bikaner. The field of operation of the society is village Bambloo. Some of the persons of this village moved an application to the Minister of Co -operatives, Rajasthan, Jaipur. On 22.9.1977, the Minister passed an order that the Sahkari Samiti of Faujdaran Bas be closed and a new Sahkari Samiti of Kocharan Bas be created. The order of the Minister was transmitted to the Registrar, Cooperative Societies, Rajasthan, Jaipur who directed the Assistant Registrar, Co -operative Societies, Bikaner to take necessary steps. The impugned order is challenged inter alia on the ground of want of jurisdiction and breach of natural justice. The writ petition is opposed on the ground that village Bambloo consists of Bambloo Bas Faujdaran and Kocharan Bas. Residents of Bambloo Bas Kocharan moved an application for registration of a new society for their area and consequently, reduction in the area of the petitioner's society. The Registrar is proceeding according to law as is evident from Ex. R/1 and Ex. R/2. It in further staled that the Registrar has not acted upon the impugned suggestion given by the Minister on 22.9.1977. The Registrar. Cooperative Societies, Rajasthan, Jaipur is proceeding according to law and procedure as provided in Section 17 of the Act. This section provides the power to direct amalgamation, division and re -organisation of the Co -operative Societies in public interest.

(3.) THE Minister passed the order dated September 22, 1977 in the following terms for necessary action to the Registrar, Co -operative Societies, Rajasthan, Jaipur - Qkspnkjku ckl dh lgdkjh lfefr dh 'kk[kk cUn djds dkspjku ckl dh lgdkjh lfefr cuokbZ tk; g0 22&9&77 lgea=h It is conceded that the first limb of the suggestion or the order of the Minister directing the closure of the Co -operative Society of Faujdaran Bas who passed without giving an opportunity of hearing to the petitioner and also there is no provision in the Act for passing a preemptory order of this nature by the Minister. However, it is contended on behalf of the non -petitioners that the Registrar is not acting upon this part of the order and he has simply taken steps for the division of the petitioner's society according to the procedure provided in Section 17 of the Act. Learned Counsel for the petitioner could not point any defect in the suggestion or the order that the Co -operative Society for Kocharan Bas be created.