K.C.Agrawal, J. - (1.) This is a petition under Art. 226 of the Constitution for quashing the notice dated 16-1-74. (Annexure T to the petition).
(2.) The facts necessary to appreciate the controversy are these. The petitioner No. 1 is the President and petitioner No. 2 is the Managing Director of the Ayudyogik Kalakar Sahakari Saniiti Ltd. On 16-1-1974 the Assistant Registrar, Co-operative Societies, Aligarh sent a notice to the petitioners Nos.1 and 2 calling upon, to show cause within one month as to why action be not taken against them under Section 91 of the U. P. Co-operative Societies Act for recovering a sum of Rs. 98,832.88p. as arrears of land revenue through Collector, Aligarh.
(3.) The basis of the aforesaid notice was that the petitioners Nos. 1 and 2 had misappropriated the funds of the Sahkari Samiti and as such were liable to refund the same. The petitioners filed an objection to the aforesaid notice on 12-2-1974. Amongst others, one of the pleas raised was that the Assistant Registrar had no authority to recover the amount under Section 91 of the U. P. Co-operative Societies Act.;