RAM PRASAD SAHNI Vs. REGISTRAR CO OPERATIVE SOCIETIES

JUDGEMENT

(1.) The petitioner Ram Prasad Salmi has filed application under Articles 226 and 227 of the Constitution of India praying that the order incorporated in Annexure 8, passed by the Registrar of Co-operative Societies, Bihar Patna, dated the 6th June, 1970 be quashed by a writ of certiorari and also for writ of mandamus restraining respondent No. 5 from interfering with the right of the petitioner over tank in question and its usufructs.

(2.) The relevant facts stated in the application, are as follows. There is a Co-operative Society named as Fishermen Co-operative Society in Mani-gachi Block in the district of Darbhanga registered under the Bihar and Orissa Cooperative Societies Act, 1935 (hereinafter referred to as 'the Act'). The affairs of the Co-operative Society are carried on according to the provisions of the Bihar and Orissa Co-operative Societies Act of 1935, Rules and registered Bye-Laws of the Society. The Co-operative Society on the 25th September, 1968 took settlement of Ghor-daur Pokhar (Jalkar) appertaining to khata No. 4010, having an area of 45 acres, 6 kathas and 9 dhurs Fishery-cum-Makhana of Village Raghopur, for Rs. 9000/- in respect of 8 Annas share of the Government for the period 1st October, 1968 to the 30th September, 1971. The remaining 8 Annas share belongs to Shri Harinanda Singh Memorial Trust, Raghopur with Shri Deena Nath as its Secretary. The Cooperative Society in its turn settled the same with four of its members, namely, Ram Prasad Sahni (petitioner), Ruplal Sahni, Baidyanath Sahni and Khokhai Sahni for a sum of Rs. 10125/- only. The settlement was made in pursuance of a resolution dated the 15th January, 1969 passed by the Managing Committee of the Cooperative Society. The settlees paid Rupees 3375/- on the 15th January, 1969, Rupees 844/- on the 15th September, 1969 and Rs. 2531/- on the 25th December, 1969 and Patta was executed in favour of the settlees. A copy of the resolution is Annexure '1' to the writ application. The petitioner had spent money in fixing Boring over the Bhindas of the said Jalkar at the request of the Managing Committee on the assurance that the said Jalkar if settled with the Co-operative Society by the Government, the same would be re-settled with the petitioner on the terms and condition fixed by the Managing Committee. The resolution was later confirmed in the next general meeting and the proceedings were recorded by the then Secretary Sita Ram Sahni (respondent No. 6) himself. A copy of the said resolution is Annexure '3' to the writ application. The petitioner remained in peaceful possession of the said Jalkar since it was settled with him. It is alleged that Sita Sahni (respondent No. 6), its Ex-Secretary, with the intention to create trouble in the smooth running of the Cooperative Society in collusion with the men of his group, forged false and ante-dated Patta in favour of Sukan Sahni (respondent No. 5). Sukan Sahni and Sita Ram Sahni (respondent Nos. 5 and 6) on the basis of the said forged Patta started creating trouble over the Jalkar in order to harass the petitioner. The claim and counter claim of the parties gave rise to some criminal proceedings, details of which are not necessary to be stated here.

(3.) Sukan Sahni (respondent No. 5) filed a petition under Section 48 of the Act before tie Assistant Registrar, Co-operative Society, Laheriasarai against the petitioner and others claiming the settlement of half portion of the said Jalkar, On this petition, an Award Case No. 345 of 1969 was started. The petitioner also filed a petition before the said Assistant Registrar against Sukan Sahni (respondent No. 5) and two others for restraining them from going over the said Jalkar during the period of the settlement and for payment of compensation for the loss caused to the petitioner. Accordingly an Award Case No. 348 of 1969 was also started. The Assistant Registrar, by his common order dated the 12th November, 1969 passed in both the award cases held that the settlement in favour of the petitioner made by the Co-operative Society, was legal and Sita Ram Sahni, Ex-Secretary had forged Patta in favour of Sukan Sahni. A copy of the order of the Assistant Registrar is Annexure '5' to the writ application. Sukan Sahni (respondent No. 5) riled an Award appeal before the Registrar against the order of the Assistant Registrar which was heard by the Joint Registrar, Co-operative Societies (credit), Bihar, Patna. The Joint Registrar, by his order dated the 21st April, 1970 passed in Award Appeal No. 110 of 1969, disposed of the appeal affirming the order of the Assistant Registrar with a little modification. A copy of the order is Annexure '6' to the writ application. Sukan Sahni (respondent No. 5) went in revision before the Registrar, Co-operative Societties, Bihar, Patna under Section 50 of the Act. The petitioner filed a rejoinder to the said revision petition categorically denying the claim of Sukan Sahni (respondent No. 5) and clearly asserting his right and claim over the said Jalkar. A copy of the rejoinder petition is Annexure '7' to the writ application. The Registrar, Co-operative Societies, Bihar, Patna, by his order dated the 6th June, 1970 passed in revision Case No. 16/70, allowed the revision petition and set aside the orders passed by file lower Courts and declared that Sukan Sahni was entitled to continue in peaceful possession of the said Jalkar. A copy of the said order is Annexure '8' to the writ application. The learned Registrar, in his order dated the 6th June, 1970, has stated that "I have very carefully gone through the judgment passed by the Assistant Registrar of Co-operative Societies, Laheria-sarai and the Joint Registrar (Credit). The main point on which the appeal has been dismissed is that the transaction relating to the settlement of the Jalkar was not entered in the proceedings book of the Society. As against this the original Fatta executed in his favour by opposite party No. 1, by opposite party No. 4 and opposite party No. 2, the former in his capacity as Secretary of the Society and the later as Treasurer of the Society. The Patta also bears, the signature of Matuk Sahni a member of the Committee of Management. The petitioner has also produced before this Court 2 receipts dated the 15th October 1968 for a sum of Rs. 1875/- and another receipt dated the 30th October, 1968 for a um of Rs. 1500/- granted by the Society. The Patta bears the seal of the Society and also the signature of the Secretary and Treasurer as mentioned above. The opposite party before me has nowhere challenged that the Patta and the receipts have been fabricated by the petitioner. The only point made on behalf of the opposite party is that the transaction of the settle-ment has not been entered in the proceedings book of the Society, and, therefore, the settlement cannot be called to be bona fide. I fail to understand bow a settlee can be made responsible for the fact that the transaction of settlement was not entered in the proceedings book of the Society.