KASHI PRASAD SINGH Vs. COLLECTOR

JUDGEMENT

(1.) THIS petition is directed against the recovery proceedings which have been initiated against the petitioner at the instance of the Registrar, Co -operative Societies in the purported exercise of powers under Section 95 -A(1) of the U.P. Co -operative Societies Act. It appears that the impugned recovery proceedings were initiated against the petitioner on a certificate issued by the Registrar under Section 95 -A on account of the amount which remained outstanding against him under an award. That is the case pleaded by the respondents in the counter affidavit filed on their behalf.

(2.) HAVING heard learned counsel for the petitioner and the learned standing counsel, we are clearly of the view that both these points have merit and must be accepted. So far as the first contention is concerned, it does not appear to have been disputed in the counter affidavit that no enquiry was held by the Registrar by way of a notice to the petitioner before forwarding the recovery certificate. Under Section 95 -A holding of an enquiry is a sine quo non. Enquiry necessarily implies a notice to the person sought to be proceeded against under that provision. As no notice was issued to the petitioner, it is apparent that the impugned recovery proceedings cannot be sustained and must, therefore, be quashed.

(3.) THE proceedings under Section 95 -A were wholly incompetent in the present case and the same are liable to be quashed on this ground as well. It may be mentioned that a separate and distinct procedure has been provided under the Act under Sections 92, 93 and 94 of the U.P. Co -operative Societies Act for recovery of amount due under award. Section 95 -A on the other hand, is a special procedure confined and applicable only for recovery of loans. In the premise, the petition succeeds and is allowed. The impugned recovery proceedings consequent upon the letter dated 30 -1 -1978, issued by the respondent No. 1 are quashed. There shall be no order as to costs.