HARJIT SINGH Vs. SPECIAL SECRETARY COOPERATION

JUDGEMENT

(1.) THE petitioner has prayed for quashing of order dated October 8, 1997 (Annexure P-4) passed by the Registrar, Cooperative Societies, Punjab, Chandigarh and order dated May 26, 2000 (Annexure P-5) passed by the Special Secretary, Cooperation (A), Punjab, Chandigarh exercising the powers of State Government under the Punjab Cooperative Societies Act, 1961 (hereinafter referred to as "the Act").

(2.) IT has been averred that the Ludhiana Sant Fateh Singh Nagar Cooperative House Building Society Limited, Ludhiana (hereinafter referred to as "the Society)" acquired a piece of land in the year 1971 and carved out 52 plots for its members. The plots were allotted to 52 members of the Society. Plot No. 13 was originally allotted to one of the founder members, namely, Shri Amarjit Singh. The membership and the allotment rights of Shri Amarjit Singh qua plot No. 13 were transferred to the petitioner. The petitioner was enrolled as a member of the Society and later on, the petitioner became owner of this plot. The election of the Managing Committee of the Society was held on September 2, 1983. After allotting all the plots and transferring the ownership by way of registered sale deeds to the members of the Society, no more function was left to be performed by the Society and the Society ceased to function. The Society was brought under liquidation/winding up proceedings vide order dated September 12, 1995 passed by the Assistant Registrar, Cooperative Societies, Ludhiana (respondent No. 4), a copy of which is annexed with the writ petition as Annexure P-1. Ex-President and the members of the society represented to the Assistant Registrar, Cooperative Societies that there were 62 members of the Society and 62 plots have been allotted to only 52 members.

(3.) RESPONDENT Nos. 5 to 9 challenged the order dated April 11, 1997 (Annexure P-3) by filing an appeal before the Registrar, Cooperative Societies, Punjab, Chandigarh (respondent No. 2). The appeal was accepted by respondent No. 2 vide order dated October 8, 1997, a copy of which is annexed with the writ petition as Annexure P-4. Against this order, a revision petition under Section 69 of the Act was filed by the petitioner, which was rejected by the Special Secretary, Cooperation (Appeals), Punjab (respondent No. 1) vide his order dated May 26, 2000 (Annexure P-5).