ABDUL JAMIL KHAN Vs. SAHKARI GANNA SAMITI

JUDGEMENT

(1.) THE two petitioners, Abdul Jamil Khan and Abdul Khalil Khan in this petition under Article 226 of the Constitution, are brothers. THEy have approached this Court for relief against the action of the respondents, namely, the Sahkari Ganna Samiti, Rampur and the Registrar, Cooperative Societies, U. P. Lucknow as well as the Recovery Officer, Cane Department, Rampur and the cane production Inspector Rampur in trying to sell off the land holding of the petitioners for realisation of the amount of three awards which were made under rule 115 of the U. P. Cooperative Societies Rules framed under the U. P. Cooperative Societies Act 1912 by resort to the procedure provided in section 92 of the U. P. Cooperative Societies Act, 1965.

(2.) IT appears that three awards dated August 31, 1967, December 30, 1967 and March 26, 1968 were made by the Arbitrator in a dispute initiated by the Sahkari Ganna Samiti, Rampur. Those awards have become final. The petitioners were served with notices by the Recovery Officer calling upon them to deposit the amounts of the awards failing which the property of the petitioners was to be sold for realisation of those amounts. These notices were followed by orders of attachment of the holdings of the two petitioners made on December 3, 1973. By a separate notice of the same date the property which had been placed under attachment was directed to be sold on January 25, 1974.

(3.) THE next submission of Sri Vishnu Sahai which, in our opinion, is of substance may now be noticed. THE submission is that the proceedings culminating in the awards were indubitably initiated under the provisions of the 1912 Act and in respect of the first two awards they had come to a conclusion prior to the enforcement of the 1965 Act which was enforced with effect from January 28, 1968 through a notification dated December 30, 1966. As such, the provisions of section 92 of the 1965 Act which were sought to be involved by the respondent were not available to them.