Arun Madan, J. - (1.) THIS special appeal is directed against the order of the learned Single Judge passed on April 4, 1990 whereby Civil Writ Petition No. 4587/1989 has been dismissed.
(2.) FACTS in nutshell leading to the special appeal are stated thus. After having become a member of the Ajmer Urban Cooperative Bank Ltd. (respondent No. 2 -Bank) Darshan Singh Bagga (petitioner appellant) took loans from the Bank against the pledge of his goods (bicycles) but he failed to repay the loan amount thereby, a notice was issued on 12.11.1983 for the payment of Rs. 95,535/ - as principal and Rs. 16,320/ - as interest thereon, to which objections were raised by filing an appeal under Rule 92(3) of Rajasthan Cooperative Societies Rules, 1966 (for short 'the Rules'). His appeal was dismissed by the Additional Registrar (II) Cooperative Societies vide order dt. 10.10.1985 (Ann. 6). It is pertinent to mention here that order dt. 10.10.1985 (Ann. 6) has not been challenged by the writ petitioner and as such, it is final, as has rightly been pointed out by the learned Single Judge.
(3.) SINCE no payment whatsoever had been made by the writ petitioner as demanded by the notice dt. 12.11.1983, the respondent Bank put Plot No. 179/11 of the writ petitioner to attachment on 8.9.1989 vide Memo (Ann. 16), which was notified in the newspapers also and the Bank proceeded to sell the afore -attached plot alongwith the pledged goods by public auction. At that time, the grievance of the petitioner was that the Bank was not authorised to attach his immovable property and sell it for the recovery of outstanding dues. Further grievance was that outstanding amount to the tune of Rs. 3,08,521.43 shown in Notice dt. 8.9.1989 (Ann. 15) has wrongly been calculated. Hence, in his writ petition the petitioner challenged orders/notices dt. 15.9.1983, 12.11.1983, 10.10.1985, 3.11.1987, 8.10.1987, 8.9.1989, 30.9.1989 (Ann. 4, 6, 9, 12, 14, 15, 16 & 19 respectively). Though, the petitioner also sought relief for declaring Section 118 of Rajasthan Cooperative Societies Act, 1965 (for short 'the Act') as ultra vires to Article 14 of the Constitution of India but, as is evident from order dt. 25.10.1989 learned counsel for the writ petitioner did not press the question as to the validity of Section 118 of the Act and thereupon, the writ petitioner was placed before the learned Single Judge for its disposal. However, the learned Single Judge vide order dt. 1.11.1989 stayed the public auction under notice dt. 30.9.1989 and the writ petitioner was also restrained from transferring or alienating and disposing of the attached Plot No. 179 B/2.;