Hirdai Narain Seth, A.C.J. - (1.) Jalaun Kraya Vikraya Sahkari Samiti Ltd., is a Cooperative Society registered under the Cooperative Societies Act. It appears that the Petitioners entered into certain transactions with the Cooperative Society in the year 1970. The Cooperative Society claimed that a sum of Rs. 30,000/ -was due to it from the Petitioners. In due course the proceedings for realisation of the said amount together with interest thereon were initiated against the Petitioners under a recovery certificate issued by Respondent No. 2, the Assistant Registrar, Cooperative, Oral, Under Sec. 95A of the Act. In pursuance of the recovery certificate issued by the Assistant Registrar, the Collector, District Jalaun, took steps to realise the said amount as arrears of land revenue. In that connection, the Amin of the Cooperative Department approached the Petitioner No. 2, calling upon him to pay the said amount. Aggrieved the Petitioner has approached this Court for relief under Article 226 of the Constitution.
(2.) According to the Petitioners, the amount claimed by the Cooperative Society was not due from him. In fact, as a result of the transaction entered into by him and the Cooperative Society, the Cooperative Society was liable to compensate him for the damages suffered by him. They also claimed that as the Petitioners were not the members of the Cooperative Society, the dues could not be recovered from them under the provisions of the Cooperative Societies Act. Further, while the dues were sought to be recovered, the Petitioner approached the District Magistrate/Collector of the district and informed him that the recovery which was being sought to be made against him was illegal. The District Magistrate, on 21st August, 1976, made an order requiring the Assistant Registrar to enquire into the matter and thereafter to take steps only for realisation of the correct amount that may by due from the Petitioner. In spite of this, the Respondents are proceeding to press the recovery of the entire amount without holding any enquiry.
(3.) Respondent No. 1 i.e. the Cooperative Society has put in appearance to contest the prayer made in the writ petition. According to the Respondent, the Petitioner was a member of the Cooperative Society which was an agricultural credit society and the provisions of Sec. 95A of the Cooperative Societies Act were fully applicable and the recovery proceedings initiated on the basis of the certificate issued by the Assistant Registrar were perfectly legal and in order. The Respondent, therefore, claimed that no case had been made out for interfering with the recovery proceedings in exercise of jurisdiction under Article 226 of the Constitution.;