GOURI SHANKER Vs. REGISTRAR CO OP SOCIETIES

JUDGEMENT

(1.) Petitioner challenges the recovery proceedings taken against him on the basis of an award given by respondent 2 for the recovery of Rs. 24,110/- on Jan. 14, 1975, which was confirmed on appeal by respondent 1 by his Order dt. April 14, 1976.

(2.) It is alleged in the petition that respondent 3 The Sarore Multi-purpose Co-operative Societies Ltd., Sarore Block, Hiranagar presented a suit for the recovery of an amount of Rs.24,110/- before respondent 2 against the petitioner on account of the fertilizer issued to the petitioner, who was appointed as agent of respondent 3 to distribute fertilizer to such persons as would obtain an order in that regard from its Secretary. The fertilizer used to be issued to the farmers against a bond the payment whereof used to be made by the farmers in instalments. It is further alleged that on receipt of Notice from the Assistant Registrar, the petitioner appeared before him and contested the claim put forward by respondent 3. Respondent 2 without any further enquiry and providing any opportunity to the petitioner to adduce evidence proceeded to dispose of the suit and decreed the same for the amount indicated hereinabove. On appeal to the Government against the said decree, it was transferred to the Registrar for disposal, who by his Order dt. April 14, 1976 dismissed the appeal of the appellant, hence this Writ Petition.

(3.) The petition is contested by the respondents. Respondent 3 in its counter affidavit refuted the allegations made by the petitioner and contended that the Assistant Registrar respondent 2 as well as the Registrar acted within the framework of the Statute and decree is passed against the petitioner on an enquiry made by respondent 2 according to law.