CWP No.13033 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.13033 of 2009 Date of decision : 16-09-2010 Phulla .... Petitioner VERSUS State of Punjab and others ....Respondents CORAM:- HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Ajit Atri, Advocate, for the petitioner. Ms. Ambika Luthra, AAG, Punjab. Mr. G.S. Jagpal, Advocate, for respondent No.5. Mr. T.P.S. Tung, Advocate, for respondent No.6. KANWALJIT SINGH AHLUWALIA, J. (Oral) One Mai Lal was member of Shri Chandu Scheduled Caste Land Owners Society Limited, Chandu, Tehsil Moonak. Being a member of the society he was allotted land. Allotted land shall devolve upon Roshan Lal – respondent No.6, or to the petitioner who claims that vide receipt, Annexure P-1, Mai Lal had transferred his share to the petitioner, is the real issue which was to be determined by the authorities. Assistant Registrar, Cooperative Societies held an enquiry and gave his report dated 11.07.2008 (Annexure P-10) concluding that the resolution dated 8.05.1963 (Annexure P-2) was manipulated whereby land was transferred. Furthermore, resolution CWP No.13033 of 2009 -2- (Annexure P-2) stated that Mai Lal had become mad. Therefore, as per enquiry report, Mai Lal was also not competent to sell his share vide Annexure P-1. It is not disputed that when the enquiry was held, petitioner had filed his reply thereto, copy of which is at Annexure R-1. In Annexure R-1, it has been specifically stated that respondent No.6 – Roshal Lal had approached the Civil Court and failed there. The grievance of the petitioner is that after filing of the reply, no notice of actual date was served upon him and he was proceeded against ex parte. It is further stated that even contents of reply, Annexure R-1, were not considered. Therefore, it is stated that basic order (Annexure P-10) has to go along with Order Annexures P-12 and P-13 passed by subsequent authorities as they merely reiterated the contents of order Annexure P-10. During the course of the arguments, counsel for the parties are in agreement that in case, matter is remanded back to Assistant Registrar, Cooperative Societies to hold an enquiry to decide the matter afresh after affording opportunity of hearing to all concerned, it may bring an end to litigation pending between the parties. Mr. Tung appearing for respondent No.6 states that petitioner is enjoying possession and using all delaying tactics. On the observations made by this Court that this apprehension can be set at rest by directing the Assistant Registrar, Cooperative Societies to take a fresh decision within two months after hearing all concerned. Mr. Tung states that he has no objection thereto. Accordingly, impugned order dated 11.07.2008 (Annexure CWP No.13033 of 2009 -3- P-10), order dated 30.01.2009 (Annexure P-12) and order dated 18.08.2009 (Annexure P-13) are set aside and the matter is remanded back to Assistant Registrar, Cooperative Societies, Moonak to decide the issue pending between the parties afresh by affording opportunity of hearing to all concerned within a period of two months from the date of receipt of a certified copy of this order. The writ petition stands disposed of in the above terms. Copy of the order be given dasti on payment of usual charges. (KANWALJIT SINGH AHLUWALIA) 16-09-2010 JUDGE manju