JAMEEL AHMED Vs. HIRA LAL LUHAR AND ORS.

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This writ petition has been filed by the petitioner assailing the order dated 18/11/2002 by which the Cooperative Minister, office of respondent No.5 has allowed the revision petition filed by respondent No.1 - Hira Lal Luhar.

(3.) Shri S.S. Hasan, learned counsel for the petitioner has argued that the aforesaid order was passed ex-parte without hearing petitioner and that in fact loan was taken by Hira Lal Luhar himself. Recovery was ordered under section 117 of the Rajasthan Cooperative Society Act, 1965. It is argued that the revision petition was originally filed before the Registrar Cooperative Societies, Jaipur but the Cooperative Minister withdrew the same and has himself decided the revision petition. In the revision petition without hearing petitioner, a finding has been given that the loan appears to have been taken by the petitioner himself and not by Hira Lal Luhar, which fact is substantially established by the fact of giving NOC to Hira Lal Luhar on 17/3/1994. When petitioner came to know this fact he withdrew the NOC and communicated the same to the said bank. Learned counsel in this connection invited the attention of the court towards the communication dated 18/3/1994 (Ann.8). It is therefore prayed that writ petition be allowed and the impugned-order be set-aside.