SUO MOTU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This suo motu public interest litigation was registered on the basis of a detailed order passed by a learned Single Judge of this Court while dealing with S.B. Criminal Misc. Bail Application No.683/2017, Yasin Bhai vs. State on 6.2.2017. The learned Single Judge called the Principal Secretary, Cooperative Department and the Registrar, Cooperative Department and required them to file compliance report about different 10 points formulated in that order, most of which pertain to the irregularities prevalent in the functioning of Housing Cooperative Societies by either issuing the double pattas for the same plot or antedating the pattas. It was observed that such a practise was rampant in different cooperative societies with the result that the innocent citizens are cheated of their hard earned money. Shri Anoop Dhand, learned amicus curiae has submitted that as per the first compliance report submitted by Commissioner of Police in 2017, a total of 2476 FIRs of such allegations against office bearers of Housing Cooperative Societies were registered between 1.1.2005 and 30.5.2017 but sadly a huge number of 1716 of those, resulted in negative final report submitted by the police. The charge sheet has been filed in only 382 cases and 428 cases are pending investigation. Subsequent compliance report by the police on 29.3.2019 stated with regard to 428 pending investigations, that negative FR has been given in 159 cases, charge sheet has been filed in 43 cases and 226 cases are said to be pending investigation.

(2.) The aforementioned figures indicate a very dismal picture of the state of investigation by the police. In our opinion, the police ought to ensure that in no case, the culprit should go scotfree. If any application for re-investigation with any concrete material is filed by any aggrieved person, the respondent/police ought to consider doing so.

(3.) Be that as it may, the Court has been apprised of the fact that after initiation of the present suo motu proceedings, the respondent-State has directed audit of 164 cooperative societies of Jaipur City. According to Shri S.S. Raghav, learned Additional Advocate General, the process of audit of half of cooperative societies is presently underway and is being conducted on regular basis. Objections/complaints can be filed in response to notice published in the newspapers, feeling aggrieved by actions/inactions/omissions on the part of the office bearers of the cooperative societies, to the Registrar, Cooperative Society. The Registrar, Cooperative Societies, is directed to file a detailed affidavit giving information as to in the case of how many societies, the audit has been completed. The affidavit should also state whether after completion of audit, any record of the societies is transmitted to the Jaipur Development Authority or the Jaipur Municipal Corporation, as the case may be, and how two establishments i.e. Cooperative Department and the Jaipur Development Authority / Jaipur Municipal Corporation coordinate in their working in the interest of the plot holders/societies members.