IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 12855 of 2007 DATE OF DECISION : 03.11.2008 The Amardeep Cooperative House Building Society Limited .... PETITIONER Versus Kaka Singh and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. L.S. Bhangu, Advocate, for the petitioner. Mr. G.C. Dhuriwala, Advocate, for respondent No.1. Mr. N.D.S. Mann, Addl. A.G., Punjab, for respondents No.2 to 4. * * * SATISH KUMAR MITTAL , J. ( Oral ) The petitioner society has filed this petition under Articles 226/227 of the Constitution of India for quashing of the order dated 7.5.2007 (Annexure P-2) whereby, while allowing the revision petition filed by respondent No.1, the revisional authority issued the following directions: “Assistant Registrar Cooperative Societies Rajpura should get the interest calculated from the approved agency of the Cooperative Societies and in charge Inspector, Audits and get the correct amount due towards the petitioner deposited with CWP No. 12855 of 2007 -2- the society. The Deputy Registrar Cooperative Societies Patiala/Assistant Registrar Cooperative Societies Rajpura should get the plot allotted to the petitioner within a period of 2 months.” From the reading of the impugned order, it appears that in this case, the dispute is about payment of interest on an amount of Rs. 14,500/-, which was due towards Kaka Singh respondent No.1 on account of development charges. Replication to the written statement filed on behalf of respondent No.1 has been filed in Court today. The same is taken on record and its copy has been handed over to counsel for respondent No.1. The case of the petitioner society is that it is entitled to the interest on the aforesaid amount at the rate, which it has charged from its other members, from 1983 to 1994. Undisputedly, the aforesaid amount has not been paid till date and that is why, the revisional authority has directed the Assistant Registrar, Cooperative Societies to get the interest calculated from the approved agency of the Cooperative Societies and in-charge Inspector, Audits and get deposited the correct amount due towards the petitioner society. It has been further ordered that after depositing the said amount, the plot will be allotted to Kaka Singh - respondent No.1 within a period of two months. It is the case of the petitioner society that respondent No.1 is not permitting the Assistant Registrar, Cooperative Societies, to calculate CWP No. 12855 of 2007 -3- the interest as per the said direction. During the course of arguments, learned counsel for the petitioner society states that the petitioner society is not aggrieved against the order dated 7.5.2007 (Annexure P-2) and it is aggrieved only against the letter dated 19.6.2007 (Annexure P-4), whereby respondent No.4 is not permitting the Inspector, Cooperative Societies to calculate the amount as per order dated 7.5.2007. After hearing counsel for the parties, we dispose of this writ petition with a direction to the Assistant Registrar, Cooperative Societies to get the order dated 7.5.2007 (Annexure P-2) implemented. After calculating the amount of interest as per the said order, respondent No.1 be given an opportunity to deposit the amount due along with interest and thereafter, plot be allotted to him within a period of two months of the deposit of the said amount, and possession of the plot be delivered to respondent No.1 immediately thereafter. ( SATISH KUMAR MITTAL ) JUDGE November 03, 2008 ( JASWANT SINGH ) ndj JUDGE