Arvind Kumar, J. - (1.) Both the above referred petitions filed under Articles 226/ of the Constitution of India pray for quashing of orders dated 13.12.2002, 5.9.2003, Annexures P -7 and P -9 respectively passed by Assistant Registrar, Cooperative Societies, Gurgaon exercising the powers of Registrar of the Cooperative Societies, Haryana, Chandigarh and the order dated 19.11.2004 (Annexure P -22) passed by the Deputy Registrar, Cooperative Societies, Gurgaon. The petitioners have further sought for quashing of decision taken by the Registrar, Cooperative Societies, Haryana regarding grant of permission to dispose of the land of the Mount Everest Cooperative House Building Society Limited (for brevity, 'the Society') and all other subsequent actions undertaken by the respondents, including the sale of land of the Society to respondent No. 7.
(2.) It is apposite to mention here that the petitioners in both the writ petitions are the members of one Society, aforesaid and are behaving common interest. Both the writ petitions have been filed on the similar grounds and even the pleadings filed by the respondents in reply to the petitions, are also identical in both the petitions, except the additional plea taken by the petitioners of C.W.P. No. 7742 of 2005, to get the matter enquired into by an independent agency or Central Bureau of Investigation, and, therefore, are being disposed of by this common judgment passed in C.W.P. No. 6491 of 2005.
(3.) The facts of the case of the petitioners, as arises out from the petitions, are that they are Members of the Society and for the purpose and object of providing plots to its Members, the Society purchased 10 acres 4 kanal and 14 marlas of land in village Wiz -arabad as well as Hyderpur in the year 1995 -96 by spending a sum of Rs. 2.62 crores approximately. It appears that there was some dispute with regard to the financial irregularities being meted out at the hands of the then Managing Committee of the Society, as a consequence thereof on 28.5.2000, a General Body Meeting of the Society was called and a new Managing Committee came into existence after the elections with Dr. P.C. Bansal as its President; R.P. Gupta as Secretary; K.P. Singh as Treasurer while Capt. A.K. Mahindra (petitioner No. 1), K.C. Ganjwal, V.P. Bhardwaj and V.K. Madan as Members of the Executive Committee. According to petitioner No. 1, he was elected as Member of the new Managing Committee, for the first time and subsequently in October 2001 he was entrusted with the work of Honorary Secretary of the Society in place of R.P. Gupta. It is the further case of the petitioners that the records and accounts of the Society were probed into by the internal committee of the Society as well as by the Audit Team of the Cooperative Department and, as apprehended, many glaring discrepancies coupled with financial irregularities and embezzlement were found therein, committed by the then Managing Committee. Thus, at the behest of the new Managing Committee an F.I.R. was got lodged against the erstwhile Members of the Managing Committee of the Society.;