PRADEEP KUMAR GARG Vs. C B PATIL

JUDGEMENT

(1.) THIS Revision has been received from office. It be registered. Petitioner Shri Sanjay Bajpai heard on the question of admission and also on his stay application IA No. 1 under section 77 (15) of the M.P. Cooperative Societies Act, for short hereinafter referred to as Act to" stay the operation of the impugned order of the Joint Registrar, Jabalpur dated 4.1.2001. Having heard the learned petitioner counsel, this revision be admitted for final hearing.

(2.) WITH regard to stay application it was contended by the learned petitioner counsel that by order dated 14.12.2000 passed by the Dy Registrar, Cooperative Societies, Jabalpur, committee of NA No. 13 society was superseded for a period of one year and Shri M.J. Bhansare, Cooperative Inspector was appointed as its OIC. OIC has taken over the charge of the committee on 27.12.2000. Charge report at Annex. 6. Petitioner has also filed a caveat application under section 148A of CPC before the Joint Registrar, Cooperative Societies, Jabalpur (Annex. 3) and copy of the petition was also sent by registered post to the secretary of NA No. 13 society, which was meant for the managing committee also. This caveat application was filed before the Joint Registrar on 29.12.2000. Non-Applicant No. 1 to 11 filed first appeal before Joint Registrar, Jabalpur (Annex. 5) on 4.1.2001 against the supersession order of the Dy. Registrar dated 14.12.2000. Stay application was heard by the Dy. Registrar on the very same day and he stayed the operation of supersession order dated 14.12.2000 in ex parte manner. He at the same time has fixed the matter on 31.1.2001 to hear the parties and also the caveator on his caveat application.

(3.) THIS contention has been raised on the basis of above principle of law laid down by the High Court in a Division Bench Judgment reported in 7966 JU 735. It was thus contended that OIC is deemed to have taken overcharge of the society from the date of his appointment. Secondly OIC has taken over the charge of the society on 27.12.2000 as per charge report (Annex. A-6). Learned Joint Registrar by his said impugned order could not have created a new state of affairs which was not existing on the date of filing of the appeal.