NARINDER KAUR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The case set up by the petitioner is that she is a registered member of "the Atam Nagar Cooperative House Building Society Limited" [for short 'the Society'] And was allotted a plot measuring 125 sq. yards bearing No.1392, at Model Town Extension, Block-D, Ludhiana. The plot was allotted to the petitioner on 14.2.1983 but possession was not delivered on account of its non-availability. However, the plot No.1392-D measuring 125 Sq. Yards, allotted to the petitioner, was reallotted/converted into plot No.1199-D measuring 100 Sq. Yards at Model Town Extension Part II, Atam Nagar, Ludhiana. Since, the petitioner had already deposited a substantial amount in regard to the earlier plot No.1392-D, she applied for issuance of 'No Dues Certificate' with respect to the newly allotted plot No.1199-D for which a resolution No.7(5) dated 31.10.2010 was passed by the Society to issue No Due Certificate to the petitioner in respect of plot No.1199-D. The relevant portion of the Resolution is reproduced is as under: -

(2.) It is pertinent to mention that the petitioner's membership number in the Society is 529. One Surjit Kaur wife of S. Pritam Singh, who was also a registered member of the Society having membership No.456 was allotted Plot No.1370 at Model Town Extension, Block-D, Ludhiana measuring 125 sq. yards and was also not given possession of the said plot, filed a reference under Section 55 of the Punjab Cooperative Societies Act, 1961 [for short 'the Act'] Against the Society which was decided on 30.4.2007 by the Assistant Registrar Cooperative Societies, Ludhiana West (Arbitrator), in which a direction was issued that "whenever any plot or land is available to the Society, the said plot be allotted to the petitioner on priority basis".

(3.) After the aforesaid order, on coming to know that Resolution dated 31.10.2010 passed by the Society was only with regard to No Dues Certificate in favour of the petitioner in respect of plot No.1199-D measuring 100 sq. yards which was allotted way back on 11.1.1999, through letter dated 17.1.1991, Maninder Kaur, who is the daughter of Smt. Surjit Kaur, who stepped into her shoes after the demise of her mother, sought another reference under Section 55 of the Act wherein she prayed for cancellation of the Resolution dated 31.10.2010 and for complying with the order dated 30.4.2007 passed by the Assistant Registrar Cooperative Societies, Ludhiana West (Arbitrator). In the said reference, it was alleged that the petitioner has failed to deposit full price of plot No.1392-D, allotted to her vide allotment letter dated 14.02.1983, therefore, action of the Society in allotting the said plot to her and issuance of No Due Certificate in her favour on receiving the balance amount with interest @ 10% per annum was wrong. However, vide Award dated 24.6.2011, the Assistant Registrar, Cooperative Societies, Ludhiana allowed the reference of Maninder Kaur and cancelled Agenda/Resolution No.7(5) dated 31.10.2010 passed by the Society and directed the Managing Committee to allot the plot to respondent No.6 on seniority basis. Feeling aggrieved against the order dated 24.6.2011, the petitioner preferred Statutory Appeal under Section 68 of the Act which was dismissed by the Deputy Registrar, Cooperative Societies, Ludhiana on 3.11.2011 holding that since the petitioner had failed to deposit the payment as per allotment letter, her plot ought to have been cancelled by the Society and requisite information ought to have been furnished to the Improvement Trust, Ludhiana and in case, Improvement Trust, Ludhiana has allotted a plot in favour of the petitioner, the Society ought to have represented to the Improvement Trust that the said plot ought to have been allotted in favour of respondent No.6 on seniority basis. The petitioner then preferred revision under Section 69 of the Act which was dismissed on 22.10.2012 by the Joint Registrar (Planning), Cooperative Societies, Punjab.