High Court
Case Details
WP(C) 507/2003 BEFORE THE HON’BLE MR. JUSTICE B.K. SHARMA
Decision
Both the writ petitions by and between the same parties and also being inter-con nected, have been heard together and are being disposed of by this common order. The prayer in WP(C) 507/2003 :- (cid:28)In the premises aforesaid, your humble petitioner prays that your Lordship may be pleased to call for records, issue Rules, calling upon the respondents to sho w cause as to why a writ in the nature of Mandamus be not issued directing the r espondents authorities to withdraw, revoke, set aside the demand notices dated 2 1.9.2002 issued to the members of the petitioner’s cooperative society demanding payment of the default amount, not to initiate any action against the petitione r’s cooperative society for refund of the sanction loan amount against the vacan t 92 plots and allow the petitioner’s cooperative society to sale the said vacan t plots and pay the loan amount to the respondents and not to undermined the rep utation, goodwill of the petitioner’s cooperative society in any manner, whatsoe ver, including initiation of any enquiry, lodging of any complaint or taking any other coercive, punitive and / or adverse steps against the petitioner and on c ause or causes being shown and after hearing the parties make the rule absolute and / or pass such other order (s) as your Lordships may deem fit and proper in the facts and circumstances of the case. -AND- During the pendency of the Rule be further pleased to stay the operation of the demand notices dated 21.9.2002 issued to the members of the petitioner’s coopera tive society demanding payment of the default amount and direct the respondents to adjust the amount paid by the petitioner’s cooperative Society for and on beh alf of the loanee against the respective names of the loanee and further be plea sed to restrain the respondents from initiating any action against the petitione r’s cooperative society for refund of the sanction loan amount against the vacan t 92 plots and / or pass such other order(s) as your Lordships may deem fit and proper in the facts and circumstances of the case. (cid:29) Prayer made in WP(C 7055/2003 : (cid:28)In the premises aforesaid, your humble petitioner prays that your Lordships may be pleased to call for records, issue Rules, calling upon the respondents to sh ow cause as to why a writ in the nature of Mandamus be not issued directing the respondent authorities to withdraw, revoke, set aside and / or forbear from givi ng effect to the letter bearing No. CZJG.9/2000/290 dated 21.8.2003 issued by S hri Shakil Ahmed, the Zonal Jt. Registrar of Cooperative Societies, Jorhat and t he appointment of Respondent No. 5 as the enquiry officer to conduct the enquiry against the petitioner, namely Bijoy Nagar Co-operative Group Housing Society L imited and why a writ in the nature of Certiorari be not issued quashing and set ting aside the letter bearing No. CZJG.9/2000/290 dated 21.8.2003 issued by Shri Shakil Ahmed, the Zonal Jt. Registrar of Cooperative Societies, Jorhat and the appointment of Respondent No.5 as the enquiry officer to conduct the enquiry aga inst the petitioner, namely Bijoy Nagar Cooperative Group Housing Society Limite d and on cause or causes being shown and after hearing the parting make the rule absolute and / or pass such other order(s) as your Lordship may deem fit and pr oper in the facts and circumstances of the case. -AND- During the pendency of the Rule be further pleased to stay the further proceedin g of the enquiry initiated / conducted under Section 60 of the Assam Cooperative Societies act, 1949 against the petitioner society namely Bijoy Nagar Cooperati ve Group Housing Society Limited and / or pass such other order (s) as your Lord ships may deem fit and proper in the facts and circumstances of the case. (cid:29) Mr. G. N. Sahewalla, learned senior counsel assisted by Mr. D. Senapati, learned counsel for the petitioners submits that because of the fault on the part of th e HOUSEFED, the petitioner society cannot be penalized. On the other hand, Mr. B .D. Das, learned senior counsel assisted by Mr. D. Nath, learned counsel represe nting the HOUSEFED, submits that as per the agreement entered into by an between the parties, the HOSUEFED is entitled to get the due amount with interest and p enalty. From the materials on record it appears that demand notices were issued to the m embers of the cooperative society for payment of the outstanding dues. An enquir y was sought to be conducted through the Joint Registrar of Cooperative Societie s, Jorhat in respect of illegalities purportedly committed by the petitioner’s s ociety vide order dated 29.7.2003. The second writ petition was filed alleging b ias on the part of the then Zonal Joint Registrar of Cooperative Societies, Jorh at, who was to conduct the enquiry. During the pendency of the proceeding, endeavour was made to get the matter enqu ired during the Chief Vigilance Commissioner, State of Assam but it appears that the said endeavour has failed. The matter is now pending for the last more than 10 years. In the rejoinder affidavit filed by the HOSUEFED on 11.1.2013, the outstanding l iability of the petitioner’s society is shown as Rs. 6,45,44,337/-, which howeve r, has been denied by the petitioner’s society. In the rejoinder affidavit filed by the HOSUEFED, it has been shown that the petitioner’s society has hold out s ome of the land which is also denied by the petitioner’s society. It is submitted that in the mean time the Zonal Joint Registrar of Cooperative S ocieties who was to conduct the enquiry has demitted his office. If the petition er’s society is a defaulter, needless to say that the authority is empowered to enquire into the matter to fix the liability. In this connection, Mr. Das, learn ed senior counsel appearing for the HOSUEFED has drawn my attention to the provi sions contained in Chapter-IX of the Assam Cooperative Societies Act. Section 60 provides for enquiry the Registrar while Section 65 provides for cancellation o f registration. Section 66 provides for winding up and Section 70 empowers the R egistrar to issue direction for payment of dues. If the authority has decided to conduct an enquiry relating to the affairs of the petitioner’s society, this Co urt exercising writ jurisdiction cannot sit on appeal over such direction. In view of the above, the writ petition is disposed of granting liberty to the r espondents to conduct the enquiry in accordance with the laid down procedure and after providing opportunity of being heard to all the parties and thereafter to fix the liability and the consequence thereof. Let the entire exercise shall be carried out as expeditiously as possible but at any rate not later then 30.6.20 13. In view of the changed scenario, the Registrar of Cooperative Societies shal l appoint an Inquiry Officer to conduct the enquiry and fix the liability. There shall be no order as to costs.