BIPIN CHANDRA SUNAL Vs. STATE OF U P

JUDGEMENT

(1.) The prayer of the petitioner is to quash the citation notice issued by Sahkari Kurk Amin, Haldwani, Nainital-respondent No. 4, as contained in Annexure 4 to the writ petition. 2, From the record of this writ peti tion including the counter- affidavit filed by Respondent No. 2 Administrator, Kishan Sewa Sahakari Samiti Ltd. , Haldwani it appears that in case No. 53-of 1986-87, Kishan Sewa Sahakari Samiti Ltd. , Haldwani v. Sri Vipin Chandra Sunal, the writ petitioner herein, the sole Ar bitrator and District Assistant Registrar Co-operative Societies U. P. , Nainital vide his order dated 18-8-1987 as contained in Annexure CA-1, decreed the claim of the aforementioned Co-operative Society alongwith interest to be recovered from the moveable and immoveable properties of the writ petitioner and pursuant to that order the recovery proceedings have been initiated. 3. The main thrust of the submission of Sri M. C. Kandpal, learned Counsel for the petitioner is that since the Criminal Case No. 617; of 1986, State of U. P. v. Bipin Chandra, under Section 182,1. P. C. , Police Station Haldwani, was dismissed by the Judicial Magistrate, Haldwani, Nainital vide his order dated 4-5- 1987, as contained in Annexure 2 to the writ petition, and that no notice was issued of the recovery proceedings, the petitioner is entitled to the reliefs claimed for by him. 4. In our view, the contention raised is misconceived and cannot be accepted. Acquittal from a Criminal Court of the charge under Section 182, I. P. C. is entirely different than initiation of the recovery proceedings pursuant to an order passed by the sole Arbitrator-District Assistant Registrar, Co-operative Societies, as con tained in Annexure CA-1. It is not the case of the petitioner that the order passed by the Assistant Registrar, Co-operative Societies, as contained in Annexure CA-1, has been set aside or its operation stayed. 5. Accordingly, we do not find any justifiable reason to exercise our discre tion under Article 226 of the Constitution of India. 6. For the reasons aforementioned we dismiss this writ petition without any order as to cost. 7. The office is directed to hand over a copy of this order to Sri H. R. Misra, learned Standing Counsel within two weeks for its intimation to the authorities concerned. Petition dismissed. .