Harjit Singh vs Special Secretary Cooperation (A), Punjab

Mehtab S. Gill, J.—The petitioner has prayed for quashing of order dated October 8, 1997 (Annexure P-4) passed by the Registrar, Cooperative Societies, Punjab, Chandigarh and order dated May 26, 2000 (Annexure P-5) passed by the Special Secretary, Cooperation (A), Punjab, Chandigarh exercising the powers of State Government under the Punjab Cooperative Societies Act, 1961 (hereinafter referred to as "the Act").

It has been averred that the Ludhians Sant Fateh Singh Nagar Cooperative House Building Society Limited, Ludhiana (hereinafter referred to as "the Society)" acquired a piece of land in the year 1971 and carved out 52 plots for its members. The plots were allotted to 52 members of the Society. Plot No. 13 was originally allotted to one of the founder members, namely, Shri Amarjit Singh. The membership and the allotment rights of Shri Amarjit Singh qua plot No. 13 were transferred to the petitioner. The petitioner was enrolled as a member of the Society and later on, the petitioner became owner of this plot. The election of the Managing Committee of the Society was held on September 2, 1983. After allotting all the plots and transferring the ownership by way of registered sale deeds to the members of the Society, no more function was left to be performed by the Society and the Society ceased to function. The Society was brought under liquidation/winding up proceedings vide order dated September 12, 1995 passed by the Assistant Registrar, Cooperative Societies, Ludhiana (respondent No. 4), a copy of which is annexed with the writ petition as An-nexure P-1. Ex-President and the members of the society represented to the Assistant Registrar, Cooperative Societies that there were 62 members of the Society and 62 plots have been allotted to only 52 members.

It has been further averred that the Assistant Registrar, Cooperative Societies, Ludhiana vide his order dated August 19, 1996 revived the Society u/s 57(3) of the Act, a copy of which is annexed with the writ petition as Annexure P-2. The Society was to purchase land for the remaining 10 members, for allotting them plots for which the Society was revived, but it did not do anything. Complaints were filed again to the department in this regard. The Assistant Registrar, Cooperative Societies, Ludhiana, after going through the complaints again brought the Society under winding up proceedings u/s 57 of the Act and vide order dated April 11, 1997, the Society was put into liquidation, a copy of which is annexed with the writ petition as Annexure P-3.

Respondent Nos. 5 to 9 challenged the order dated April 11, 1997 (Annexure P-3) by filing an appeal be fore the Registrar, Cooperative Societies, Punjab, Chandigarh (respondent No. 2). The appeal was ac cepted by respondent No. 2 vide order dated October 8, 1997, a copy of which is annexed with the writ petition as Annexure P-4. Against this order, arevision petition u/s 69 of the Act was filed by the petitioner, which was rejected by the Special Secretary, Cooperation (Appeals), Punjab (respondent No. 1) vide his or der dated May 26, 2000 (Annexure P-5).

Notice of motion was issued.

Written statement was filed by respondent Nos. 9 and 10.

I have heard learned counsel for the petitioner and the respondents.

Learned counsel for respondent Nos. 9 to 10 at the very outset stated that before deciding the petition on merits, preliminary objection regarding the locus standi of the petitioner in filing the writ petition has to be decided first. He has further stated that the present petitioner was not a party to the appeal filed before the Registrar, Cooperative Societies (Annexure P-4) and this was also one of the grounds whereby the Special Secretary, Cooperation (Appeals), Punjab (respondent No. 1) had rejected the revision petition vide order dated May 26, 2000 (Annexure P-5). In both these orders, it was stated that as the petitioner was not a party to the proceedings, he did not have a locus standi to come forward and to file a revision petition before the Special Secretary.

Learned counsel of the petitioner has argued that as per Section 68 of the Act, an appeal lies before the Deputy Registrar and not before the Registrar, but the order dated October 8, 1997 (Annexure P-4) has been passed by the Registrar, Cooperative Societies, Punjab.

Going through the order dated October 8, 1997 (Annexure P-4) passed by the Registrar, Cooperative Societies, Punjab, it comes out that the Deputy Registrar, Cooperative Societies, Ludhiana, was made a party as respondent No. 3 in his official capacity and was also arrayed as a party as respondent No. 4 in his individual capacity. Thus, he could not have heard the appeal as he was a party. As per Section 68(2)(a) of the Act, an appeal lies against the order of the Assistant Registrar to the Deputy Registrar.

Going through the order dated April 11, 1997 (Annexure P-3) passed by the Assistant Registrar, Cooperative Societies, Ludhiana, it come out that the petitioner is an affected party and instead of coming to the revisional authority and then to the High Court, he should have filed an appeal before the Deputy Registrar, Cooperative Societies, Ludhiana to assert his right.

In view of the foregoing discussion and consent given by the counsel for the parties, I allow the writ petition and quash the order dated April 11, 1997 (Annexure P-3) passed by the Assistant Registrar, Cooperative Societies, Ludhiana, order dated October 8, 1997,(Annexure P-4) passed by the Registrar, Cooperative Societies, Punjab and order dated May 26, 2000 (Annexure P-5) passed by the Special Secretary, Cooperation (Appeals), Punjab and further direct the parties to appear before the competent authority to assert their rights. Proceedings before the Assistant Registrar, Cooperative Societies, Ludhiana, will start de novo after hearing both the parties.

Petition allowed.