•LdA.-i. ^AA\. ^V-^ ^':-''^'V^?V;:^^^A/V^'<^;^^ ^^"..T..^^-----^'1-1-'1'"1';''"~-' \ ; ^ 1K»5g^^^SBsS5S^n^5aE^%<te^aK^^3-.^.^^ IN TKE HIGH. GGXJRT OE- MSDHii'APRADESH AT JASALKUR MRIT PETITION t^ ( oS' 9f 1995 PBTITIONERs- . SAMUHUC KRISKISAHAKARI SAi-STI; DOl-IGITAR&I/ through its president, f.ahsil aiid district Raipur. , RESPOHDENTS versus 1. Reg-istrar, ^oopera'tive Socleties Madhya ^radeah,, Bhopal. 2« GOLL2C'i''OR,Rai.FUT. • PETITIQN 'UND33R ARTS 226 / 227 Oi? THS CDNSTI'X'UTIpN Oi? INDZ&. ^ : •^. ~~^ 1 ^.r ^y^^ -ssy-i^yv mOH COURT OF CHHATTISGARH AT BILASPUR L WRIT PETITION No. 4108 of 1995 PETITIONER RESPONDENTS Samuhik Krishi Sahakari Samiti Dongitarai VERSUS Registrar, Cooperative Societies & Another WRIT PETITION UNDERARTICLE 226/227 OF THE CONSTITUTION OF INDIA SB: Hon'ble Shri Satish K^AgnihotrLJ, Present: Shri Abhay Kumar Tiwari, Advocate for the petitioner. Shri M.P.S. Bhatia, Deputy Government Advocate for the State. ORDER(ORAL) (Passed on 22nd day ofNovember, 2010) 1. Heard leamed counsel for the parties. 2. By this petition, the petitioner seeks a direction to quash the order dated 25/02/1995 (Annexure P/l) regarding liquidation ofthe society and further, the possession ofthe petitioner society and its members in the land allotted be not disturbed. 3. The facts, in nutshell, as projected by the petitioner, are that the petitioner society is a registered society under the provisions of Section 9 ofthe CKhattisgarh Cooperative Societies Act, 1960. There are 15 members ofthe Society and the aim and object ofthe Society is to help poor person and providing agricultural facilities to the members of the Society for which the lands are allotted to the members ofthe Society. 4. The lands bearing khasra No.139/1, admeasuring 71.84 acres situated in village Dongitarai, allotted to the petitioner and the entry is made in respect to the revenue records. There is no complaint made by any person against the petitioner society. In spite of the said fact, without affording any opportunity of hearing and without following the Ib H-mK3s^ principles of natural justice, the respondent authorities passed the order liquidating the society and the liquidator has been appointed. Thereafter, the liquidator threatened the members of the petitioner society to retum back the land allotted to them. Leamed counsel appearing for the petitioner submits that the land was developed by the society by incurring huge.expenses. The respondent authorities passed the impugned order in an illegal and arbitrary manner resulting into depriving the members of the petitioner society from getting the fmits of the said land. Even, no reason has been assigned by the respondent authorities while passing the impugned order. On the other hand, leamed counsel appearing for the State supported the impugned order passed by the respondent authorities. The petitioner has not filed any documents by which he has been authorized by the society for filing the present petition, therefore, this petition is not maintainable. The liquidator has been appointed and after receiving the final report from the liquidator, the impugned order was passed. Thus, the impugned action taken by the respondents is just and proper and needs no interference ofthis Court. From pemsal of the records, it appears that before passing the impugned order, no opportunity of hearing has been afforded to the members of the petitioner society and even, the respondents have failed to produce any documents showing the fact that before passing the impugned order, the principles of natural justice was complied with. The impugned order has been passed only after obtaining the report from the liquidator, which is not at all sustainable inthe eyes oflaw. ^^^^il®^^^ 8. It is not clear fromthe documents and pleadings by the petitionerthat ^whether an opportunity of hearing was afforded, as Gontention of leamed counsel appearing for the State is that prior to passing of impugned order, an order appointing liquidator was passed, which was challenged and on the basis of report submitted by the liquidator, the impugned order has been passed. 9. Be that as it may, for want of sufficient materials, it is not possible to adjudicate upon the dispute. However, having regard to the facts situation of the case, the matter is remitted to the Registrar, Cooperative Society, Raipur, to consider all the aspects ofthe matter, as pleaded by leamed counsel appearing for the parties and pass fresh order, in accordance with law and on its own merits. 10. Before parting with this order, it is made clear that the aforesaid observation made by this Court shall not be constmed, as observatioa on merit while deciding the case. 11. As an upshot, the writ petition is disposed of. Gowri 5^^