Ajay Rastogi, J. - (1.) INSTANT intra -court appeal has been filed against order of the learned Single Judge impugned herein Dt. 25.07.2014 holding that resolution No. 5 of the Society Dt. 07.03.1957 was not open to be examined u/S. 32(1) of the Rajasthan Cooperative Societies Act, 1965 ("Act of 1965") or Sec. 125 of Rajasthan Cooperative Societies Act, 2001 ("Act of 2001").
(2.) BRIEF facts of the case are that a parcel of land was allotted to Punjab Rehabilitation Cooperative Housing Society ("the society") by the Director (Rehabilitation), Government of Rajasthan on 12.02.1953. The members of the society thereafter in its meeting held on 21.02.1957 while considering the issue regarding construction of community hall for the use of members proposed it to part with the piece of land to the Adarsh Hitkarni Trust ("Trust") and the member of the society jointly held that management of the trust always vests in the interest of the persons or successors forming the Society and copy of the minutes of the meeting was sent to the Secretary, Society for allotment of plot and the Society in its meeting held on 07.03.1957 finally decided vide its resolution No. 5 to allot a piece of land to the trust, pursuant thereto triangular plot measuring 44200 sq.ft., marked as 'DBCE; north -south on its west side 133 fts., east west - on its north side 152 ft. & east -west on its south side 475 ft., and that came to be allotted on the terms & conditions vide communication Dt. 26.03.1957 which was unanimously accepted & approved by the board of management of the Trust and it is relevant to note that noone was aggrieved either by the resolution No. 5 dt. 07.03.1957 or action being taken for allotment in furtherance thereof or there was any complaint of any kind or any violation of the terms & conditions of allotment/transferred to the trust and it is also not the case of the appellant society that the piece of land allotted has not been utilized for public purposes as per terms & conditions on which it was allotted and after the land has been fully developed & utilised for public purposes for which it was allotted and after almost 42 years, the Administrator -cum -General Manager of the Raj. State Cooperative Press Ltd. on examining the audit para as alleged of the financial year 1994 -95 sent a letter to the Chairman, trust Dt. 21.08.1999 for information & simultaneously also sent to the Deputy Registrar, Cooperative Societies, Jaipur City u/S. 32(1) of the Act of 1965 to rescind the resolution No. 5 Dt. 07.03.1957 vide communication Dt. 21.08.1999, copies of both the communications are placed on record & marked as Annx. 5 & 6 respectively. The correspondence between the society & Mr. M.R. Sethi who was the Ex -Chairman of the Society as also one of the trustee of the trust took place and by that time the Act of 1965 came to be repealed & the Deputy Registrar, Cooperative Societies, Jaipur City referred the proposal to the co -operative tribunal for rescinding the resolution No. 5 dt. 07.03.1957 u/S. 125 of the Act of 2001. It may be noticed that the trust to whom the piece of land was allotted/transferred pursuant to the resolution No. 5 Dt. 07.03.1957 holding the property for almost 42 years, nothing transpired & Mr. Sethi was holding the correspondence of its own & the Rajasthan State Cooperative Tribunal, Jaipur ("tribunal") consisting of two members in a cursory manner initiated ex parte proceedings & accepted the reference vide its order Dt. 25.09.2008 rescinding the resolution No. 5 Dt. 07.03.1957.
(3.) AT this moment it may be noticed that the tribunal under its order Dt. 25.09.2008 must have noticed regarding the details pertaining to resolution No. 5 which was the subject matter to be examined, still there was no mention and the society appellant filed an application u/S. 106 of the Act, 2001 seeking necessary correction in the order of the tribunal Dt. 25.09.2008 and that review application No. 5/2010 came to be allowed by the tribunal vide its order Dt. 03.02.2012 and when this fact came to the notice of respondent No. 3 trust that the very resolution No. 5 Dt. 07.03.1957 stands rescinded by the tribunal vide order Dt. 25.9.2008 the respondent No. 3 (Trust) also filed a review application u/S. 106 of the Act, 2001 along with an application seeking condonation of delay u/S. 5 of Limitation Act and preliminary objection was that the tribunal u/S. 105 of Act 2001 consist of a Chairman & two other members to be appointed by the State Government to form the coram and indisputably the order was passed by the tribunal Dt. 25.09.2008 was not by a validly constituted tribunal as such the order was void ab initio bad, the learned tribunal condoned the delay & while overruling the objections raised by the appellant society finally allowed the review petition preferred at the instance of respondent No. 3 trust holding that resolution No. 5 Dt. 07.03.1957 passed cannot be rescinded under the provisions of the Act of 1965, at the same time also observed that opportunity of hearing has not been afforded to the trust and the ex parte order of the tribunal Dt. 25.09.2008 being void and the reference sent by the Deputy Registrar Dt. 21.08.1999, both came to be set aside vide order Dt. 18.09.2013, which was challenged by the present appellant by filing writ petition and that came to be dismissed by the learned Single Judge under order impugned herein Dt. 25.07.2014 which is the subject matter of challenge in the instant intra -court appeal.;