^—-—.^.-'?-;'^^?-E IN TBE HIGH COORT OF JUDIC&TORE AT BILASPUR (C.G.) WRIT PETITION N0. 3>5'^S/2005 PETITIOBiER VERSOS K,R. Gajendra, S/o. Late Shri M.R. Gajendra Aged about 59 yearsy R/o. Charama, District Kanker(C»G.) RESPONDENTS 1. State of Chhattisgarh, Through its Registrar, Co-operative Societies, Cbhatti sgarh ^ Raipur(C.G) 2. Collector, Kanker (C.G.) 3. Assistant Registrar^ Co-operative Societies^ Kanker, Dist.Kanker(C.G) 4. Chief Executive Officer, Zila Sahakari Kendriya Bank Maryadit,Jagdalpury Distrlct Bastar (C<G) 5. Branch Manager/Enquiry Officer, Zila Sahakari Kendriya Bank Maryadit^ Antagarh^ District Kanker (C.G.) WRIT PETITKMI UNDER ARTICLE 226/227 OF THE C<aiSTITPTION OF INDIA FOR ISSU»NCE OF WRIT DT THE NM'URE OF CERTIORl^RI, MANDAMUS, PBOHIBITKWr AND FQR OTB^ SUITABLE —WRIT OR WRITS, OKDER OR JWDJSSUS, DIBECTION OR DIRECTIONS. HIGH COURT OF CHHATTISGARH : BILASPU£ L\ Writ Petition No. 3509 of 2005 Petitioner K. R, Gajendra Versus Respondents State of Chhattisgarh 85 ofhers WRIT PETITION UNDER ARTICLE 227 OF THB CONSTITUTION OF INDIA (SB: HonT3le Shri Satish K. Agnihotri J.) Ms Foiizia Mirza, Advocate for fhe petitioner. Shri A. V. Shridhar, Panel Lawyer for tihie respondents No. 1 to 3. Shri Prafull Bharat, Advocate for tiie respondents No, 4 & 5. ORDER (Orall (Passed on this 1st day ofDecember, 2009) Heard. The petitioner seeks to question fhe legaMty aad vaMdity of fhe order dated 14.5,2005 (Anuexure P/18), passed by the Chief Executive Officer, Distdct Cooperative Central Bank Ltd. Jagdalpur, whereby a suui ofRs. 3,10,174.66 as principal suin aad a sum of Rs. 2,73,021 as iaterest, total Rs. 5,83,195.66, have been directed to be recovered froni fhe petitioner. Ms Fouzia Mirza, learaed counsel appearing for fhe petitioner submits that the afore-stated amount has already been directed to be recovered by orders dated 10.10.2000 (coUectively filed as Annexure P/8), passed by the Assistaat Registrar, Cooperative Societies, Kaaker. According to leained counsel fhe loss caused to fhe Baak to fhe tune of Rs. 3,10,174.66 has ah-eady been satisfied by dircctmg recoveiy of the said money from the salesmaa namely Shri Dayalu Ram (1,07,844.61), Shri Kanshi Ram( Rs. 1,27,583.90), pai sy g 4. 6. Thalcur Shri Sumant Ram ( Rs. 42,803.96) aad Shri Guljar Singh (Rs. 31,942.98). Per contra, Shri PrafiiU Bharat, leamed counsel appearmg for fhe respondents No. 4 aad 5 subniits that firstly the said principal amount Le, Rs. 3,10,174.66 has not been recovered aad secondly, no recovery has been niade froin aay person to satisfy fhe loss caused to fhe Baak. Be that as it may, fhis petition involves disputed question of facts, It appears fhat the Assistant Registrar, Cooperative Societies has examiaed all fhe facts aad passed the orders dtrectmg recoveiy from the salesmaii on 10.10,2000, Thus, fhe Biatter is referred to fhe Assistant Registrar, Cooperative Societies Kanker for examiriicig fhe facts afiresh aad to pass appropriate order after haviag applied his miad, keepiag in. view fhe loss caused to the Bank. In the meantime, ftie unpugned order dated 14.5.2005 (Annexure P/18) shaU. not be given eJGTect to tiU disposal of fhe matter by fhe Assistaiit Registrar, Cooperative Societies, Kaiiker, Haviag regard to fhe fact fhat fhe niatter seenis to be old i.e. of the year 2000, it is expected that fhe Assistant Registrar, Cooperative Societies, Kanker shall look mto tiie matter aad examme the saaie as expeditiousty, as possible preferably ^vifhia a penod of three monfhs from fhe date of receipt ofa copy ofthis order. The petition is aUowed to the above extent. No order as to costs. SatishK.Agnihom Judge