Piar Singh Rana, J. - (1.) Present civil writ petition is filed under Article 226 of the Constitution of India with prayer to issue a writ of certiorari quashing order dated 22.7.2011 passed by Assistant Registrar Cooperative Societies Solan H.P. and quashing order dated 2.4.2012 passed by Deputy Registrar (Consumer) Cooperative Societies Himachal Pradesh and quashing order dated 6.10.2012 passed by Additional Registrar (Administration) Cooperative Societies H.P. and quashing order dated 31.12.2014 passed by Special Secretary (Cooperation) to the Government of H.P. whereby abovesaid authorities have directed the petitioner society to issue token for plying trucks in favour of non -petitioner No. 1 namely Harjinder Singh.
(2.) Brief facts of the case as pleaded are that non -petitioner No. 1 Shri Harjinder Singh son of Ram Rattan resident of village Palech P.O. Kandaghat Tehsil Kandaghat District Solan sold truck No. HP -13 -274 with token in the year 2004. In the year 2010 co -respondent No. 1 namely Harjinder Singh filed a reference petition under Sec. 72 of H.P. Cooperative Societies Act 1972 before Assistant Registrar Cooperative Societies Solan District Solan against petitioner society on the ground that he was not granted fresh token by the petitioner society. Thereafter on 22.7.2011 petition filed by Harjinder Singh was allowed by Assistant Registrar Cooperative Societies vide order dated 22.7.2011 and held that Society had not adopted the proper procedure for expulsion of membership of Shri Harjinder Singh and also held that Society had adopted pick and choose method by way of allotting new token to some members who have also sold their vehicles with token numbers. Thereafter Assistant Registrar Cooperative Society Solan District Solan H.P. directed the petitioner to allot new token to Harjinder Singh and provide work to his vehicle on priority basis. Thereafter Solan District Truck Operators Transport Cooperative Society filed appeal which was dismissed by Deputy Registrar (Consumer) Cooperative Societies Himachal Pradesh on 2.4.2012. Thereafter Solan District Truck Operators Transport Cooperative Society filed revision petition against order dated 2.4.2012 which was dismissed by Additional Registrar (Administration) Cooperative Societies Himachal Pradesh vide order dated 6.10.2012. Thereafter Solan District Truck Operators Transport Cooperative Society filed revision/review petition which was dismissed by Special Secretary (Cooperation) to the Government of H.P. vide order dated 14.2.2013. Thereafter CWP No. 4294 of 2013 was also filed by Solan District Truck Operators Transport Cooperative Society, which was decided on 21.11.2014. Hon'ble High Court in CWP No. 4294 of 2013 held that revisional authority (Special Secretary Cooperation) has not touched the merits of case. Hon'ble High Court of H.P. in CWP No. 4294 of 2013 remanded case and directed Special Secretary (Cooperation) to decide the case on merits and parties were directed to appear before Special Secretary (Cooperation) on 1.12.2014. Thereafter again Special Secretary (Cooperation) to the Government of H.P. upheld the order of Assistant Registrar Cooperative Society dated 22.7.2011.
(3.) Court heard learned Advocate appearing on behalf of the petitioner and learned Advocate appearing on behalf of non -petitioner No. 1 and Additional Advocate General appearing on behalf of the non -petitioners Nos. 2 to 5 and Court also perused the entire record carefully.;