POTHULA RANGA RAO Vs. ONGOLE TABACCO

JUDGEMENT

(1.) THE Andhra Pradesh Cooperative Societies Act, 1964 (the Act) is an Act to consolidate and amend the law relating to co-operative societies in the State. It regulates the registration, functioning, management, elections and all other aspects in relation to co-operative societies. Section 121 of the Act ousts jurisdiction of any Court or Forum for the adjudication of disputes between a society and its members or between a society and a third party in respect of disputes touching the constitution, management or the business of a society, other than a dispute regarding disciplinary action taken by the society or its committee against a paid employee. Chapter VIII consisting of Sections 61, 62 and 63 contains the procedure for settlement of disputes. Chapter X contains Sections 70 to 74. THEse provide for the execution of decisions, decrees and orders passed under the Act either by the Registrar or an Arbitrator on whom the power is vested by the Government to resolve the disputes. Needless to mention that the power to pass an order or award under Section 62 of the Act after adjudicating the dispute or to execute orders, attach and sale of property inhere in the Registrar of a Co-operative Society. Section 2(n) of the Act defines 'Registrar' means the Registrar of Cooperative Societies appointed under Section 3(1) and includes any other person on whom all or any other powers of the Registrar are conferred. Section 3(1) of the Act confers powers on the Government to appoint a Registrar of Co-operative Societies and as many other persons as the Government may think fit. Every other person appointed under Section 3(1) of the Act shall exercise all such powers of the Registrar as the Government may from time to time confer. Such exercise of power by persons appointed as Registrars shall be subject to general superintendence of the Registrar.

(2.) THE Andhra Pradesh Co-operative Societies Rules, 1964 (the Rules) promulgated in exercise of powers under Section 131 of the Act defines the Registrar of the district (Rule 2(k)) as to mean a person authorized by the Registrar to exercise in the district the powers of the Registrar under Section 70 of the Act. According to Rule 2(1) "sale officer" means an officer of the Co-operative Department or an officer of any Co-operative Society empowered by the Registrar to attach and sell the property of defaulters or to execute decision/orders of Registrar of the district or to execute or to carry out any orders of the Registrar in regard to attachment and sale of the property.

(3.) IF a Registrar of the district ignores jurisdictional aspect and proceeds with attachment and sale of immovable property, which is situated in the district other than the district where cause of action arose, whether such sale is not rendered void by reason of the judgment debtor/defaulter not raising any objection at the earliest point of time but doing so at the stage of confirmation of sale? This issue falls for consideration in this writ appeal filed against the order of the learned Single Judge dated 15.11.2002 in WP No. 10055 of 1999 whereby and whereunder it was held that the Deputy Registrar of Cooperative Societies, Guntur; fourth respondent herein - who sold the property of the first respondent situated in Tangutur in Prakasam District had no jurisdiction to proceed with the matter for the sale of the property.