RAVIBHAI V. DESAI Vs. SP RECOVERY OFFICER CO

JUDGEMENT

(1.) The petitioner has prayed in the petition for quashing the certificate issued by respondent No. 2 under Sec. 106 of the Gujarat Co-operative Societies Act, 1961 (the Act), and further prayer has been made to quash the recovery proceedings instituted by respondent No. 1 and order annexure-B and also to quash the further proceedings to put respondent No. 5 in possession of land in dispute.

(2.) It is not in dispute that the petitioner was member of Amar Seva Sahakari Mandli Ltd., a registered co-operative society. The counsel for the respondents made statement before this Court that the petitioner was the president of the said society. This statement has not been controverted by the counsel for the petitioner. The petitioner was owner and occupies of the land bearing Survey Nos. 163 and 277 of village Amar, Taluka Kutiyana, District Junagadh. The petitioner has taken loan from the Society and as usual, as it is the practice in this country, he has not repaid the said amount. Respondent No. 4 has started proceedings against the petitioner for recovery of the loan. The District Registrar, Junagadh, issued certificate under Sec. 106 of the Act settling the dues at Rs. 31,153 with running interest. The certificate was sent for recovery of the amount to the Special Recovery Officer, Co-operative Department. The land of survey Nos. 163 and 277 was attached under the provisions of the Land Revenue Code and auctioned. Respondent No. 5 was the highest bidder and the bid was accepted in his favour and possession of the land was given to him on 30th Jan., 1984. The petitioner filed application to the District Registrar against the order of confirmation of the sale and delivery of possession to respondent No. 5. Copy of the said application has not been filed by the petitioner along with this special civil application. The aforesaid application of the petitioner has been decided by the District Registrar (respondent No. 2 herein) and the petitioner has been informed under letter dated 21st May, 1984 that the auction of the land in question was properly conducted and the possession of the land has been given by the special recovery officer. Hence the petitioner filed this special civil application. None of the respondents has filed reply to the special civil application.

(3.) In this special civil application the petitioner has challenged the certificate issued under Sec. 106 of the Act as well as order annexure-B dated 6-2-1984 made on the application of the petitioner, and the further proceedings and possession delivered to respondent No. 5. Possession has been given to respondent No. 5 on 31st Jan., 1984. The application of the petitioner dated 6-2-1984 has been decided by the respondent District Registrar on 21st April, 1984. This petition has been filed by the petitioner on 5th April, 1989.