GURNAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS writ petition has been directed by the Petitioner for seeking a writ in the nature of certiorari for quashing the order-cum-notice dated 7.8.1985 (Annexure P-1) whereby his land measuring 59 kanals 10 marlas was ordered to be attached under Section 63(b) of the Punjab Co-operative Societies Act, 1961 due to alleged non-payment of loan amounting to Rs. 6,600/- recoverable from the petitioner in terms of an award dated 26.5.1975 and 6.4.1976.

(2.) THE facts, as stated by the petitioner, are that he was elected Sarpanch of Gram Panchayat Jalal for three consecutive terms and is a prominent political worker of his area; that the impugned order dated 7.8.1985 had been issued by the Deputy Director, Co-operative Societies, Bhatinda attaching his land measuring 59 kanals 10 marlas with an attempt to declare him defaulter; he apprehends that warrant of arrest had also been issued; that the petitioner had repaid the loan long time back and nothing was due from him; that the arbitration proceedings appear to have been conducted at his back inasmuch as no notice of the proceedings was ever issued or served upon him; the petitioner alleges that the award is non est and even after the alleged award was given, no notice of any kind was served upon him; that the petitioner is a highly respectable person of the area and the impugned proceedings have been initiated to defame him; that the impugned order dated 7.8.1985 (Annexure P-1) has been issued in contravention of the statutory mandate of Section 67-A of the Act inasmuch as the alleged notice under Section 67-A(2) of the Act was issued on August 1, 1985 and on the following day a report was obtained as if the petitioner had refused to accept the summons and thereafter an order under sub-section (3) of the aforementioned provision was passed; that on the basis of the impugned order an undated warrant of arrest has been issued; that the petitioner never refused to accept the service of notice and was never approached to receive the same.

(3.) UPON notice, two separate written statements have been filed, namely, on behalf of Respondents No. 1 to 3 and the other by respondent No. 5 - the Society.