CWP NO. 8478 of 2007(O&M) 1 In the High Court of Punjab and Haryana at Chandigarh CWP No.8478 of 2007 Date of decision:July 13,2011 Anant Ram...........................................................Petitioner versus The Deputy Registrar,Co-operativeSocieites,Kurukshetra and others....................................................................Respondents CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.P.K.Gupta, Advocate for the petitioner. Mr.Deepak Jindal,Deputy Advocate General, Haryana for respondents No. 1 and 2 Mr.Harsh Aggarwal,Advocate for respondent No.3 None for respondent No.4. --- SABINA,J. Petitioner has filed this petition under Article 226 of the Constitution for issuance of a writ in the nature of certiorari for quashing of the order dated 20.4.2007 (Annexure P10) passed by respondent No.1-Deputy Registrar, Co-operative Societies, Kurukshetra. The case of the petitioner, as stated in the petition, in brief, is that he was working as a Secretary,Teora Co-operative Agricultural CWP NO. 8478 of 2007(O&M) 2 and Service Society Ltd. The said Society had later been dissolved and was merged with respondent No.3-Apex Co-operative Society, Chruni Jatan (hereinafter referred to as `the Society'). During the tenure of the petitioner as a Secretary, the allegations regarding embezzlement of some amount were levelled against him. The matter was referred to the Deputy Registrar, Co-operative Societies, Kurukshetra under Section 101(2) of the Haryana Cooperative Societies Act, 1984 (hereinafter referred to as `the Act). Vide order dated 10.7.1990, Tehsildar was directed by the Deputy Registrar Co- operative Societies, Kurukshetra to attach the land measuring 41 kanals 13 marlas belonging to the petitioner. Vide award dated 16.8.1990, it was held as under:- “Keeping in view the above facts and going through the report, I have concluded that Ananat Ram Ex Secretary of the Society has caused loss of Rs. 10,05,518/- and he is responsible for the same. Hence, I Harbhajan Singh, HSCS, Dy.Registrar, Co-operative Societies, Kurukshetra,exercising the powers of Registrar, Co-operative Societies, Haryana, do hereby surcharge Shri Ananat Ram, Ex Secretary of the Society under Sec. 101(2) of the Haryana Co-operative Societies Act, 1984 and ordered that he should pay the said amount with interest @ 12% p.a. forthwith. In case the respondent Anant Ram does not pay this amount with interest, then the society will have a right to take action against Shri Ananat Ram, Ex.Secretary under Sec. 110 of the Haryana Co- operative Societies Act, 1984”. CWP NO. 8478 of 2007(O&M) 3 Petitioner moved an application before the Assistant Registrar Co- operative Societies, Kurukshetra to the effect that he could not pay the total amount of ` 10,05,518/- in lump sum and he be permitted to pay the same in four installments. The request of the petitioner was accepted vide order dated 31.12.2004. Thereafter, the petitioner paid the amount of `10,05,518/- in two installments. Thereafter, on an application moved by the petitioner, the Assistant Registrar Co- operative Societies vide order dated 31.1.2007 released the land of the petitioner. Thereafter, impugned order dated 20.4.2007 (Annuexre P10) was passed by the Deputy Registrar Co-operative Societies, Kurukshetra for attachment of the property belonging to the petitioner on an application moved by the Manager of the Society dated 20.4.2007(Annexure P9). Hence, the present petition. Learned counsel for the petitioner has submitted that the impugned order was liable to be set aside as the Deputy Registrar, Co-operative Societies Kurukshetra had no authority to pass the said order in view of order dated 31.1.2007 (Annexure P8). The entire amount in question had been paid by the petitioner and thereafter, the land of the petitioner was released. The impugned attachment order could not be passed as no execution proceedings were pending against the petitioner. The land could be attached only during the pendency of the proceedings i.e. before the passing of the award or in execution proceedings. The impugned order had,thus, been passed in violation of the provisions of law as no proceedings were pending against the petitioner at the time of the passing of the impugned order. Learned counsel for the respondents, on the other hand, CWP NO. 8478 of 2007(O&M) 4 have submitted that the petitioner was liable to pay ` 10,05,518/- along with interest at the rate of 12% per annum. The petitioner had only paid principle amount and had failed to pay the interest thereon. Hence, the impugned order was liable to be upheld. In the present case, the facts are not in dispute. Petitioner had been proceeded under Section 101 of the Act on the allegation that the petitioner had recovered loan from the members of the Society but had failed to deposit the same in the Bank and had, thus, embezzled an amount of ` 8,99,220/-. Hence, the award was passed against the petitioner to pay ` 10,05,518/- along with interest at the rate of 12% per annum to the Society by the Deputy Registrar Cooperative Societies Kurukshetra on 16.8.1990. The land belonging to the petitioner measuring 41 kanals 13 marlas situated in village Ajrana Kalan was ordered to be attached by the Deputy Registrar Co-operative Societies vide order dated 11.7.1990 i.e. before the passing of the award. Thereafter, petitioner was permitted to pay an amount of ` 10,05,518/- in four equal installments vide order dated 31.12.2004 passed by the Assistant Registrar Co- operative Societies Kurukshetra. In pursuance of the said order, petitioner deposited ` 2,51,400/- on 31.12.2005 with the Society and, thereafter, deposited ` 7,54,118/- on 28.12.2006 with the Society. Vide order dated 31.1.2007, the Deputy Registrar Cooperative Societies, Kurukshetra released the land of the petitioner as he had deposited `10,05,518/- with the Society. However, thereafter, an application was moved by the Manager of the Society on 20.4.2007 that although petitioner had deposited ` 10,05,518/- with the Society CWP NO. 8478 of 2007(O&M) 5 but interest on the said amount was still outstanding against the petitioner. The request was made by the Society to the Registrar, Cooperative Societies, Kurukshetra to attach the land belonging to the petitioner so that the amount of interest be recovered from him. On the said application, the Deputy Registrar, Co-operative Society Kurukshetra passed the impugned order dated 20.4.2007(Anneuxre P10) and ordered that the property belonging to the petitioner be again attached. The question that requires consideration is as to whether the Deputy Registrar Cooperative Societies Kurukshetra was competent to pass order dated 20.4. 2007(Anneuxre P10) in view of the order dated 31.1.2007 (Annexure P8). Petitioner was liable to pay ` 10,05,518/- along with interest at the rate of 12% per annum in terms of the award dated 16.8.1990. However, the petitioner has only paid back the principle amount of `10,05,518/-. The attached property of the petitioner could not have been released vide order dated 31.1.2007 as the award had not been fully satisfied. The Society had not taken a conscious decision to exempt the petitioner from paying the interest. In these circumstances, the impugned order is liable to be upheld as the petitioner had failed to pay the entire amount in terms of the award dated 16.8.1990. The land of the petitioner had been attached during the pendency of the proceedings i.e. before the passing of the award and has been released vide order dated 31.1.2007 (Annexure P8) although the award had not been satisfied in toto. The petitioner was guilty of embezzling the funds of the Society and, in these circumstances, was liable to satisfy the award dated 16.8.1990 CWP NO. 8478 of 2007(O&M) 6 passed by the Deputy Registrar, Co-operative Societies, Kurukshetra. Keeping in view the facts and circumstances of the case, no ground for interference is made out. Dismissed. ( Sabina ) Judge July 13, 2011 arya