Mebtab S. Gull, J. - (1.) The petitioner, in this Civil Writ Petition filed under Articles 226/227 of the Constitution of India, clamours for a writ in the nature of Certiorari for quashing order dated 19.6.1999 passed by the Assistant Registrar, Co-operative Societies, Bhiwani (Annexure P-4).
(2.) The brief facts on which this writ petition is founded are epitomized as under : There are about 1 Co-operative House Building Societies at Siwani registered under the Haryana Co-operative Societies Act, 1984 (hereinafter referred to as the Act), the main object of which is to give loans to their members to build houses. The Societies are further members of the Haryana State Co-operative Housing Federation Limited (hereinafter referred to as the Federation.) The loanee at the time of taking loan mortgages his plot in favour of the Society which further mortgages the said plot in favour of the Federation.
(3.) The Assistant Registrar, Co-operative Societies, Bhiwani, respondent No. 3, issued notice to the petitioner Society under Section 14 of the Act proposing to amalgamate the same in the Haryana Co-operative Housing Building Society Limited, Siwani (hereinafter referred to as the Society). The Petitioner-Society filed objections. The respondent No. 3, without considering and discussing the reply of the petitioner Society ordered the amalgamation of the petitioner Society in the Society vide order dated 16.9.1999, primarily in view of the instructions of the Registrar, Co-operative Societies, Haryana dated 16. 6. 1997. The petitioner has averred that according to provisions contained in Section 14 of the Act, a Society can be amalgamated if the same it is in the interest of Co-operative Societies and that, too, after consulting the financial institutions, whereas in the instant case, there was no consultation. It has been further averred that the Assistant Registrar, respondent No. 3 was required to pass the order independently if at all the he had thought proper to pass the impugned order and not in view of the instructions of the Registrar. Further, Section 14 (2) provides that no order shall be made unless a copy of the proposed order is sent to the Society or each of the concerned societies requiring them to file objections N. such proposed order was served by the respondent No. 3 on the petitioner Society. The petitioner has also reproduced Sections 13 and 14 of the Act in the petition. Sections 11 (1) (2)(3) and 14 (2) which have a direct bearing on this case are reproduced hereunder : "13. Amalgamation, transfer of assets and liabilities and divisions of Co-operative Societies, (1) a Co-operative Societies may with the previous approval of the Registrar and by a resolution passed by a two-third majority of the members present and voting at a general meeting of the Society : (a) transfer its assets and liabilities in whole or in part to any other Co-operative Societies. (b) divide itself into two or more Co-operative Societies. (2) Any two or more Co-operative Societies may, with the previous approval of the Registrar and by a resolution passed by a two-third majority of the members present and voting at a general meeting of each such society, amalgamate themselves and from a new Co-operative Society. 3 The resolution of a Co-operative Society under sub-section (1) or sub-section (2) shall contain all particulars of transfer, division or amalgamation, as the case may be. 4 XXXXXXXX 5 XXXXXXXX 6 XXXXXXXX 7 XXXXXXXX;