Decided on November 24,1965


Referred Judgements :-



J. Sahai, J. - (1.)THE petitioner, the Lucknow Officials' Co-operative Housing Society Limited, Lucknow, (hereinafter referred to as the Society) is a primary society registered under the Co-operative Societies Act (hereinafter referred to as the Act). THE respondent no. 4, Sri Bindeshwari Prasad Bajpai, (hereinafter referred to as Bindeshwari Prasad) is a member of the Society. THE Society had obtained on lease some land situate on the Ashok Kumar Marg (formerly known as Outram Road). THE land was divided into several plots one of which was allotted to Sarvasri Bindeshwari Prasad and R.K Bajpai jointly. THE plot was, however, not actually demarcated at the spot. A little later the State Government suspended the housing scheme mentioned above and framed a modified scheme. After the framing of the modified scheme, the lease granted to Bindeshwari Prasad and R.K. Bajpai was terminated by the Society and another plot was leased out to Bindeshwari Prasad alone on the condition that he would pay the arrears of ground rent and development charges in respect of the plot. Bindeshwari Prasad failed to pay with the result that the allotment in his favour was cancelled by the Society.
(2.)DISSATISFIED with the cancellation order Bindeshwari Prasad applied to the Registrar, Co-operative Societies, U. P. (hereinafter referred to as the Registrar) to adjudicate upon the dispute that had arisen due to the cancellation of the plot. The Registrar appointed Sri Purshottam Krishna, Co-operative Incharge of the Society as the Arbitrator and on 22-7-1960 Sri Purshottam Krishna gave his award (annexure '2') directing the Society to give the original plot to Sri Bindeshwari Prasad and to accept all the sums due from him to the Society. The Society filed an appeal against the award dated 22-7-1960 before the Registrar. This appeal was transferred by the Registrar for hearing to Sri G.R.K. Tandon, Assistant Registrar. Sri Tandon heard the appeal and allowed it by means of his order dated 21-11-1961 (annexure '3'). Bindeshwari Prasad filed an appeal against the order of Sri Tandon dated 21-11-1961 which was treated as a revision and heard by Sri G. R. K. Tandon aforesaid in the capacity of Deputy Registrar. Sri Tandon dismissed the revision application on 8-1-1962. Annexure '4' is a true copy of Sri Tandon's order.
Bindeshwari Prasad appealed against the order of Sri Tandon dated 8-1-1902 to the Registrar who without giving notice to the Society set aside the order dated 8-1-1962 by means of the order dated 11- 5-1962 (annexure '5'). In this order the Registrar directed Sri D. S. Verma to hear the appeal filed by Bindeshwari Prasad and dispose of as a revision of the order passed by Shri G.R.K. Tandon on 8-1-1962 Sri Verma heard the appeal and by means of the order dated 31-10-1962 (annexure '6') allowed it and set aside the order of the Assistant Registrar dated 21-11-1961 (annexure '3'). The Society filed a review application (annexure '7') before the Registrar against the order of Sri Verma dated 31-10-1962. That application was forwarded by the Registrar to the Deputy Registrar by means of his order dated 28 3- 1963 (annexure '8'). The Deputy Registrar rejected the review application by means of the order dated 30-4 1963 (annexure '9'). Thereafter the present writ petition was filed in this Court

I have heard Sri Murli Manohar Lal for the Society, Sarvasri R.N. Shukla and B.P. Misra for Bindeshwari Prasad and Sri K.S. Verma, the learned junior Standing counsel for the Registrar, the Deputy Registrar, Co operative Societies, U. P. and the State of U. P.. The only submission that Sri Murli Manohar Lal has made before me is: "The provisions of Rule 133-A of the Rules framed under the Co-operative Societies Act (hereinafter referred to as the rules) are ultra vires with the result that no appeal lay against the order dated 21-11- 1961 passed by Sri G.R.K. Tandon. Assistant Registrar"

(3.)IT is the admitted position that if Rule 133-A were ultra vires, the order dated 21-11-1901 passed by Sri Tandon would not be appealable. Mr. Lal places reliance upon the provisions of Section 3 of the Act and Rule 174 of the rules, which read: "3. The State Government may appoint a person to be Registrar of Co-operative Societies for the State or any portion of it, and may appoint persons to assist such Registrar, and may, by general or special order, confer on any such person all or any of the powers of a Registrar under this Act" "174 Assistant Registrar of Co-operative Societies and District Co-operative Officers are invested with the powers of the Registrar specified in Sub-section (4a) of Section 42 of the Act and in rules Nos. 12, 22, 27, 28, 39, 51, 52, 60, 61, 62, 64 68, 69, 70, 72, 77, 81, 82, 87, 115, 116, 117, 118, 122, 124, 125, 126, 132, 133, 134, 136 141, 144, 149, 150, 159. 160 and in Sub-rule (i) of Rule 137 and also in rules Nos. 73, 85, 166, 167, 169 and 170 in so far as primary societies are concerned."
Rule 133 provides for an appeal against the award of an arbitrator and runs as follows: "133. Any party considering itself aggrieved by the award of an arbitrator or arbitrators may appeal to the Registrar within one month of the date of the communication of the award, and the Registrar shall pass such orders as he deems fit: provided that the time taken in obtaining a copy of the award shall be excluded in counting the period of one month."


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