SITA RAM Vs. ASSISTANT REGISTRAR, CO-OP. SOCIETIES

JUDGEMENT

(1.) PETITIONER is the Ex-Secretary of respondent No. 2 - The Moonak Cooperative Agricultural Service Society (hereinafter referred to as the "Society"). Vide order dated 19.11.1984, the Joint Registrar, Cooperative Societies, Patiala Division, Patiala passed an order against the petitioner and held him responsible to pay Rs. 38,842.56 and he was directed to pay the said amount to the respondent-Society alongwith interest at the rate of 10,5% per annum along with costs of Rs. 200/-. The petitioner received a notice under Section 68 of the Punjab Co-operative Societies Act, 1961 (hereinafter referred to as the "Act"). The notice is dated 27.11.1997 which is regarding recovery of the amount and the petitioner was also directed to remain present in the Court of Assistant Collector Grade I on 19.12.1997. The petitioner has filed this writ petition for challenging the notice annexure P/2 and has prayed that the same be quashed.

(2.) WE have heard learned counsel for the parties.

(3.) IN reply to above contention learned counsel for respondent No. 2 argued that respondent No. 2 had filed application for recovery will within the period of limitation. According to him, he had moved an application with a resolution for the recovery on 25.4.1986 and also by resolution dated 16.1.1985 and, therefore, respondent No. 2 had not missed limitation and hence plea of the petitioner may not be accepted. According to him the resolution were sent for the purpose of execution. Affidavit has been filed by Assistant Registrar Cooperative, Sunam (respondent No. 1) stating that respondent No. 2-Society passed resolution dated 25.4.1986 for execution of the award dated 19.11.1984 and on receipt of the said resolution by the office, approval was got accorded from the Collector, Sangrur on 6.6.1986 for the execution of the said award as arrears of land revenue and notice under Section 68 of the Land Revenue Act was issued by the Assistant Registrar, Cooperative Societies, Sunam, in exercising the powers of Assistant Collector Ist Grade to the petitioner on 27.11.1997 which was received by the him on 10.12.1997.