Supreme Court – Daily Orders
Mukund Lal Dammani vs Suyash Sharma on 22 May, 2025
Author: Surya Kant
Bench: Surya Kant
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.7100 OF 2025
(ARISING OUT OF SLP (CIVIL) NO. 32987 OF 2018)
MUKUND LAL DAMMANI & ORS. APPELLANT(S)
VERSUS
SUYASH SHARMA & ORS. RESPONDENT(S)
O R D E R
1. Leave granted.
2. Respondent Nos. 1 to 6 approached the High Court of
Chhattisgarh laying challenge to the constitutional validity of
Section 48(7)(b) of the Chhattisgarh Co-operative Societies Act,
1960. A Division Bench of the High Court vide impugned judgment
dated 20.09.2018 held that the notification dated 02.11.2017
approving the minimum level of services regarding housing societies
was illegal and unconstitutional being violative of Articles 14 and
19(1)(c) of the Constitution. The High Court opined that the
notification was in derogation of various statutory provisions of
1960 Act. However, the challenge to Section 48(7)(b) of the
Principal Act was turned down.
3. The appellants, being aggrieved by the judgment of the High
Court, approached this Court, and when the Special Leave Petition
came up for hearing on 10.12.2018, the operation of the impugned
judgment of the High Court was stayed.
4. Meanwhile, during pendency of these proceedings, the State of
Chhattisgarh
Signature Not Verified
has amended the Act by way of Chhattisgarh
Digitally signed by
Co-operative Societies (Amendment) Act, 2020 which was published in
NITIN TALREJA
Date: 2025.06.19
16:39:44 IST
Reason:
the Official Gazette on 14.10.2020. By virtue of this amendment,
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Section 48(7)(b) has been amended and the eligibility conditionsprescribed by the Registrar, Cooperative Societies have now been
embedded into the Principal Act. Further, the power to set the
minimum level of services has been transferred from the Registrar,
Cooperative Societies to a Cooperative Society itself through its
Bye-Laws.
5. In view of the amendment, the original challenge laid by the
respondents before the High Court, in a way, has been rendered
infructuous. However, if the appellants have any grievance against
the amended provisions, they shall be at liberty to challenge the
same in accordance with law. It goes without saying that the
observations made by the High Court in the context of earlier
provision or the Registrar instructions shall have no bearing on
the merits of the new challenge.
6. With the liberty aforementioned, the appeal stands disposed
of, and as a necessary consequence, the interim order stands
vacated.
7. Pending application(s), if any, including application for
intervention/impleadment stands disposed of.
……………………..J.
(SURYA KANT)
……………………..J.
(K.V. VISWANATHAN)
NEW DELHI;
MAY 22, 2025.
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ITEM NO.302 COURT NO.2 SECTION IV-C
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 32987/2018
[Arising out of impugned judgment and order dated 20-09-2018 in
WP(C) No. 1516/2018 passed by the High Court of Chhattisgarh at
Bilaspur]
MUKUND LAL DAMMANI & ORS. Petitioner(s)
VERSUS
SUYASH SHARMA & ORS. Respondent(s)
(With IA No. 34079/2022 – APPLICATION FOR PERMISSION, IA No.
83510/2023 – EXEMPTION FROM FILING O.T., IA No. 67766/2019 –
INTERVENTION/ IMPLEADMENT AND IA No. 67762/2019 – PERMISSION TO
FILE APPLICATION FOR DIRECTION)
Date : 22-05-2025 This matter was called on for hearing today.
CORAM : HON’BLE MR. JUSTICE SURYA KANT
HON’BLE MR. JUSTICE K.V. VISWANATHAN
For Appellant(s) : Mr. Kunal Cheema, AOR
Mr. Shubham Chandankhede, Adv.
Ms. Kirti, Adv.
For Respondent(s) : Mr. Padmesh Mishra, Adv.
Ms. Shipra Singh, Adv.
Ms. Vastvikta Bhardwaj, Adv.
Mr. Nikunj Goyal, Adv.
Mr. Vijant, Adv.
Ms. Neelam Singh, AOR
Mr. Aditya, Adv.
Mr. Vikrant Singh Bais, D.A.G.
Mr. Vinayak Sharma, Standjing Counsel, Adv.
Mr. Ravinder Kumar Yadav, AOR
Mr. Sameer Shrivastava, AOR
Ms. Palak Mathur, Adv.
Ms. Yashika Varshney, Adv.
Mrs. Priyanka Shrivastava, Adv.
Mr. Kaustubh Shukla, AOR
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UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The appeal stands disposed of and the interim order stands
vacated in terms of the signed order.
Pending application(s), if any, including application for
intervention/impleadment stands disposed of.
(NITIN TALREJA) (PREETHI T.C.) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR
(Signed order is placed on the file)
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