ASHOK KUMAR KUKREJA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Instant writ petition under Article 226 of the Constitution of India has been filed for issuing a writ in the nature of certiorari for quashing the impugned order dated 01.01.2013 (Annexure P-4) passed by the Deputy Registrar, Co-operative Societies, Roopnagar suspending the managing committee of the Society allegedly on the basis of show cause notice, and order dated 18.02. 2013 (Annexure P-5) passed by Joint Registrar Cooperative Societies, respondent No.3 acting as an Appellate Authority.

(2.) The facts relevant for the purpose of disposal of the present writ petition may be noticed as under:

(3.) It is averred in the writ petition that during the tenure of petitioner as President of the Society a chunk of land measuring 44 acres in village Ghandoli, Palheri and Bhagat Majra has been purchased out of which sale deed of 32 acres had already been registered. Regarding the remaining 12 acres, agreements to sell have been executed and the sale deeds are yet to be got executed in the near future . The permission for change of land use from GMADA/PUDA was required and it was one of the conditions that at least 104 acres of land is required to start Mega Project to build a private society, without having acquired the requisite land, the Society would not have been in a position to fulfil its dream project. Faced with this situation a meeting of all members of the Society was convened wherein after thorough discussion and deliberations, it was found difficult to purchase lands as per the requirement of GMADA/PUDA. In such circumstances it was decided that MOU be signed with another similarly situated person or some private builders to achieve the object and purpose of the Society as if it is so done it would be in the interest of the members of the Society as well as the Society. Various private builders/ societies were approached but no positive response was received from any side. The State agencies were also approached for grant of CLU in view of the peculiar facts and circumstances of the case. When all efforts failed the managing committee approached another builder M/s Altus Space Builder(P) Ltd., who had started their project on the immediately adjoining land of the Society in village Ghandauli. It is pertinent to mention that said builder had already been granted sanctions/approvals for setting up of mega projects by the various Departments of the State Government. So in the interest of the Society and its members a detailed MOU was signed on 15.12.2012 with the builder which was subsequently amended on 16.01.2013. To the MOU consent has been given in writing by 204 members. The purpose of entering in MOU was to pool the land as Society alone would not have been in a position to get CLU. It is pertinent to mention that no money transaction has taken place between the parties because of signing of MOU and the agreement was also got registered on 17.12. 2012. The impugned show cause notice cum- suspension order Annexure P-4 has been issued with a mala fide intention and just to put pressure upon the members of the Society. With a predetermined mind without any enquiry the managing committee has been suspended. The show cause notice in question is without any details nor any report of Assistant Registrar was sent along with the same. It is also averred that appeal has been decided with malafide intention. Not only this, even FIR was got registered against the petitioner.