O R D E R

The instant petition has been filed for grant of following substantive reliefs:-

i) Issuance of a writ of mandamus directing the respondent No.2 to get the sale deed executed on the basis of Award dated 24.09.2011 (AnnexureP-1) being the Competent Court by authorizing his representative to appear before Tehsildar-cum-Sub Registrar, Baddi-Respondent No.3 and get the sale deed executed in respect of 55 bighas 17 biswas of land in favour of the Shivalik Puram Cooperative House Building Society Limited, Shivalik Nagar, Barotiwala, Solan, comprised in Khasra No. 4888 (3-13), 489 (2-0), 495 (1-07), 497 (11-10), 499 (5-04), 500 (16-08), 505 (01-12), 506(0-19), 507 (11-04) and 511 (2-0) kitta 10 comprised in Khasra/Khatoni No.18 Min/18 Min …4…

situated in the area of Village Katha, Badbast No.211, Pargana Dharampur, Tehsil Baddi, District Solan, (H.P.).

ii) That the filing of certified/typed copies of the Annexure may kindly be exempted and the photocopies of the documents of Annexures may kindly be taken on record.

iii) That the filing of advance notices to the respondents may kindly be dispensed with.

2. The case in short as pleaded and presented by petitioners in the instant petition is as under:-

2.1. Petitioners claim themselves to be members of respondent No.4, which is stated to be a Cooperative House Building Society registered under the Himachal Pradesh Cooperative Societies Act, 1968 (for short “1968 Act”).

2.2. Respondent No.4 is stated to have paid consideration amount of immovable property i.e. land measuring 55-17 bighas, situated at Village Katha (Baddi), District Solan, H.P., to the original owner(s) in the year 1990-91. However, the sale deed was not executed. The purpose of purchase of above mentioned land was to allot the same to its members. Total 535 members were stated to have enrolled themselves as …5…

members of respondent No.4-Society. Petitioners are some of them.

2.3. Respondent No.4 society, despite having received the consideration amount from its members, firstly failed to get the sale deed of the land registered in its favour and secondly, to transfer the same to its respective members.

2.4. The dissatisfied members of respondent No.4-Society, made a claim for arbitration under Section 72 of “1968 Act”. The Arbitrator made his award on 24.09.2011, whereby respondent No.4-Society was directed to assure its members about registration of their respective house/plots within two months, failing which members would have right to claim the consideration amount paid by them along with damages from respondent No.4 and the respondent No.4-Society would be liable to discharge such liability from its movable and immovable properties. The award was assailed before the Assistant Registrar Cooperative Societies, Solan, in appeal under Section 93 of 1968 Act. The appeal was decided on

21.07.2012 in following terms:-

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“Keeping in view of facts and circumstances narrated herein above, the order passed by the Ld. Arbitrator dated 24.09.2011 is set aside and the present appeals which were clubbed on 26.05.2012 are disposed off. The Respondent Society is directed to get registration of plots of Appellants/entire purchased land of the Society from the revenue department as soon as possible not later than 6 months or refund the actual cost of plots to the Appellants along with upto date prevailing rates of interest with the stipulated period.”

The matter was further taken in revision under Section 94(2) (b) of 1968 Act before the Registrar Cooperative Societies, which on assignment came to be decided by the Deputy Registrar Cooperative Societies (Audit), Himachal Pradesh, Shimla on 25.02.2015 in following terms.

“10. Keeping in view the fact and circumstances narrated hereinabove the order passed by the Ld. ARCS Solan dated 21.7.2012 is set aside and the present appeals which were clubbed on 15.12.2012 are disposed off. The respondent No.7 Society is directed to peruse the matter from the Govt. of H.P. to obtain permission u/s 11