Shangari vs State of Haryana

D.S. Tewatia, J. (Oral)

Civil Writ Petition Nos. 5702 and 5703 of 1974 involve common question of law and, therefore, a common order is proposed.

The order of the liquidator in both these petitions has been impugned inter alia on the ground that it does not become final unless approved by the Registrar under rule 59 of the Punjab Cooperative Societies Rules, 1963 after hearing the affected parties.

In para 5 of the petition the requisite averments in this regard are made, but no reply has been filed on behalf of the Respondents. Hence, the allegation that the Assistant Register approved the order of the liquidator without hearing the petitioners is to be accepted on its face value. The learned Single Judge of this Court in judgment rendered on 24th February, 1982 in Rishal Singh v. State of Haryana etc., C.W.P. No. 1320 of 1973, held that the right of hearing of affected parties was implicit in the language of the Rule and that the Assistant Registrar before approving the order of the liquidator has to hear the affected parties. I entirely concur in the view taken by the learned Single Judge and accordingly hold that the impugned order approving the award of the Liquidator is illegal and is, therefore, set aside. The Assistant Registrar, Cooperative Societies, Ambala, who had passed impugned order, exercising the powers of the Registrar, is directed to re consider the question of approval afresh after hearing the petitioners, who are directed to appear before him, i.e., Assistant Registrar, Cooperative Societies, Ambala, on the 22nd October, 1982 at Ambala in his office. The petitions are allowed. No costs.