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Judgment
The present writ petition has been filed under Article 226 of the Constitution of India seeking following reliefs:
"Issue any appropriate writ or direction to respondent No.7 to take cognizance of the present issue and conduct a detailed inquiry within a period of 90 days and to consider the findings given in the following reports/audit –
7.1 (i) Special Audit report dated 13.10.2014 by Shri G.S.Bhatia (Annexure A/);
(ii) Letter was issued by Pawan Singhal Additional Police Commissioner, Indore dated 22.12.2023 bearing No.bureau - E/Apradh Kramank ../15/3483/23 to Deputy Registrar, Cooperative Societies, Distt. Indore.
(iii) Inquiry report dated 03.03.2018 bearing number/grah-complaint/2018/585 by Assistant Registrar.
(iv) Inquiry reports dated 13.11.2019 bearing number grah/2019/1673 and bearing number grah/2019/1674 were conducted.
7.2 issue any appropriate writ or direction to respondent No.6 not to take any action pertaining to society till the said enquiry by respondent No.6is finalized and then the said enquiry report be considered before initiating any action.
7.3 issue any appropriate writ or direction to direct respondent No.6 to initiate the allotment process till the said enquiry by respondent no.6 is finalized and then the said enquiry report be considered before initiating any action.
7.4. Any other relief this Hon'ble Court may deem fit in favour of the petitioner may kindly be granted."
During the course of arguments learned counsel for the petitioner drew the attention of this Court towards irregularities in making preferential list for allotment of plots by the Society, and the allotment not being done as per the preferential list of members who have deposited the money, and hence are eligible for allotment. Learned counsel further submits that many complaints have been filed before the Co-operative department and the petitioner has made representation, dated 06.12.2023 which is Annexure A-9 to Commissioner, Co-operative Societies, Indore regarding irregularities in preparation of preferential list and submits that same has not been decided till date and prays for issuance of direction to the respondent No.7 that preferential list may not be prepared till representation (Annexure A-9) is decided and inquiry be conducted by respondent no.7 by taking cognizance of the issues raised in Annexure A-9 within the period fixed by the Court before preparation of preferential list of the society.
Learned Government Advocate opposed the prayer and sought time to take instruction from respondents.
It appears that the petitioner has raised some serious issues in Annexure A-9 which needs to be looked into detail before making of the preferential list and therefore, the present petition is disposed of with direction to respondents No.2 to decide the representation (Annexure A-9) made by the petitioner, and The Collector, Indore (M.P.) - Respondent no.7 is directed to take cognizance of the matter and conduct an inquiry in terms of prayer made in Para-7.1 of the petition and conclude the same expeditiously and preferably within a period of 90 days from the date of receipt of certified copy of this order, and upon completion of inquiry, the preferential list shall be prepared.
In the above terms, the present petition is disposed of.