(Per V.V.S. Rao, J.)

The Andhra Pradesh Co-operative Societies Act, 1964 (the Act) is an Act to consolidate and amend the law relating to co-operative societies in the State. It regulates the registration, functioning, management, elections and all other aspects in relation to co-operative societies. Section 121 of the Act ousts jurisdiction of any Court or Forum for the adjudication of disputes between a society and its members or between a society and a third party in respect of disputes touching the constitution, management or the business of a society, other than a dispute regarding disciplinary action taken by the society or its committee against a paid employee. Chapter VIII consisting of Sections 61, 62 and 63 contains the procedure for settlement of disputes. Chapter X contains Sections 70 to 74. These provide for the execution of decisions, decrees and orders passed under the Act either by the Registrar or an arbitrator on whom the power is vested by the Government to resolve the disputes. Needless to mention that the power to pass an order or award under Section 62 of the Act after adjudicating the dispute or to execute orders, attach and sale of property inhere in the Registrar of a co-operative society. Section 2(n) of the Act defines 'Registrar' means the Registrar of Co-operative Societies appointed under Section 3(1) and includes any other person on whom all or any other powers of the Registrar are conferred. Section 3(1) of the Act confers powers on the Government to appoint a Registrar of co-operative societies and as many other persons as the Government may think fit. Every other person appointed under Section 3(1) of the Act shall exercise all such powers of the Registrar as the Government may from time to time confer. Such exercise of power by persons appointed as Registrars shall be subject to general superintendence of the Registrar.

2. The Andhra Pradesh Co-operative Societies Rules, 1964 (the Rules) promulgated in exercise of powers under Section 131 of the Act defines the Registrar of the District (Rule 2(k)) as to mean a person authorized by the Registrar to exercise in the District the powers of the Registrar under Section 70 of the Act. According to Rule 2(1) "sale officer" means an officer of the Co-operative Department or an officer of any Co-operative Society empowered by the Registrar to attach and sell the property of defaulters or to execute decision/orders of Registrar of the district or to execute or to carry out any orders of the Registrar in regard to attachment and sale of the property.

3. Rules 52 to 55 of the Rules contain detailed procedure to be followed in execution of decrees, decisions or orders. Rule 52 of the Rules with twenty-five (25) sub-rules is a self-contained provision elaborating the execution procedure. The procedure is (a) for initiating execution of a decree, decision or order; (b) for attachment and seizure of movable and immovable property to be sold in execution of the decree; (c) for proclamation of sale; (d) for conducting the auction of property; (e) to stop auction sale; (f) for confirmation of sale; (g) for filing and consideration of claim petitions either by the judgment debtor or a third party and adjudication thereof; and (h) for setting aside sale in case of any irregularity or illegality. The power is conferred on the Registrar of the district as defined in Rule 2(k) of the Rules and the sale is conducted on the orders of the Registrar by the sale officer. When the immovable property to be attached and sold in execution of a decree or award for payment of money passed by the Registrar under Section 62 of the Act, the Registrar has to follow the mandatory procedure contemplated under Section 52(1) which we quote hereunder.

52. Procedure in execution of decrees, decisions or orders:- (1) Any decree-holder may apply to the Registrar of the district in which the cause of action arises for the execution of his decree after depositing the necessary costs on a