GURETEJ SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) Instant writ petition under Article 226 of the Constitution of India has been filed for quashing the order dated 30.04.2012 (Annexure. P -8) and order dated 27.04.2012 (Annexure P -9) issued by Assistant Registrar, Co -operative Societies, Samrala to Tehsildar, Samrala. Brief facts of the case are that Avtar Singh son of Sampuran Singh resident of Village Rohla, Tehsil Samrala, District Ludhiana, was serving as Secretary of the Neelo Kalan Co -operative Agricultural Service Society Ltd. During his service, Avtar Singh allegedly embezzled the amount of the Society to the extent of Rs. 5,96,720.50. One Gurtej Singh son of Sadhu Singh resident of Village Rohle, Tehsil Samrala, District Ludhiana became guarantor of Avtar Singh. Ultimately, award dated 12.09.2002 (Annexure P -2) was passed against Avtar Singh, Secretary by Assistant Registrar, Co -operative Societies, Samrala, and property of the guarantor Gurtej Singh son of Sadhu Singh resident of Village Rohle was ordered to be attached in favour of the Society under Sec. 65 of the Co -operative Societies Act, 1961 (hereinafter referred to as 'the Act'). Instead of attaching the property of Gurtej Singh son of Sadhu Singh, property of the petitioner -Gurtej Singh son of Rajinder Singh was attached. Against attachment of his property, petitioner preferred appeal before the Deputy Registrar, Cooperative Societies, Ludhiana.

(2.) Deputy Registrar, Co -operative Societies. Ludhiana, passed the order dated 02.05.2003 (Annexure P -4) and directed as under: -

(3.) The Deputy Registrar directed the authorities to enquire into the issue as to who stood guarantor for Avtar Singh and thereafter act in accordance with law. After enquiry, Assistant Registrar, Co -operative Societies, Samrala, issued letter dated 18.07.2003 (Annexure P -6) to Tehsildar, Samrala, to attach the property of Gurtej Singh son of Sadhu Singh instead of petitioner -Gurtej Singh son of Rajinder Singh. Vide order dated 22.06.2011 (Annexure P -7) Assistant Registrar released the property of the petitioner. However, again impugned letter dated 30.04.2012 (Annexure P -8) was written by Assistant Registrar, Cooperative Societies, Samrala, to Tehsildar, Samrala, whereby property of the petitioner was ordered to be kept attached. Reminder dated 27.04.2012 (Annexure P -9) was also written by the Assistant Registrar to the Tehsildar. Failing to get relief from the authorities, petitioner has knocked the door of this Court through this petition.