HARBHAGWAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners are members of the Nalvi Farmers Co-operative Agricultural Service Society, Nalvi, tahsil Thanesar, district Kurukshetra. It is alleged that they obtained loans from the Co-operative Society and repaid a part thereof. For the balance amount, recovery proceedings were started against the petitioners under Section 67-A of the Punjab Co-operative Societies Act as amended by the Haryana State. The petitioners have filed this writ petition stating that they never obtained the loans nor did they execute any bonds or tamsaqs on the basis of which they are sought to be held liable. Without holding an enquiry into the allegations of the petitioners, proceedings have been started to recover the amounts as arrears of land revenue. In view of the very harsh remedy provided in Section 67-A ibid, I consider it just and equitable that the Deputy Registrar, Co-operative Societies, Karnal, should decide the matter after affording an opportunity of hearing to the petitioners and the Co-operative Society concerned. I, accordingly, quash the proceedings already taken against the petitioners under Section 67-A of the Co-operative Societies Act and direct the Deputy Registrar, Co-operative Societies, Karnal, to decide the matter as stated above. The petitioners and the representative of the Co-operative Society should appear before the said Deputy Registrar on March 5, 1975, who shall then give another date for further proceedings to be taken by him for the settlement of the dispute. The writ petition is accordingly decided with no order as to costs.