Prashant Kumar Chandel vs Arya Grih Nirman Sahakari Samiti ...
2021 Latest Caselaw 3200 Chatt

                  HIGH COURT OF CHHATTISGARH, BILASPUR

                                      Order Sheet

                              W.P.(C) No. 1003 of 2020
Prashant Kumar Chandel, S/o. Shri P.S. Chandel, aged about 50 years, R/o. HIG -
50, Arya Colony, Tifra, Thana - Sirigitti, District - Bilaspur Chhattisgarh.
                                                                           ---- Petitioner

                                        Versus

1.     Arya Grih Nirman Sahakari Samiti Maryadit, MIG/7, Arya Colony, Tifra,
       Bilaspur (C.G.) Through Its President, Smt. Kanta Sinha Wd/o Late Shri S.C.
       Sinha, Aged About 64 Years, At Present R/o Neharu Nagar, Bilaspur, District
       - Bilaspur Chhattisgarh.

       Note - The Above Instant Samiti Has Dissolved By The Dy. Registrar,
       Therefore In Charge By Dy. Registrar Co - Operative Society Old Composite
       Building, Opposite Collectorate Bilaspur, District - Bilaspur Chhattisgarh.

2.     Housing And Urban Development Corpn. Ltd., Paryavas Bhawan, Jail Road,
       Bhopal (M P) Having Its Registered Office At H U D C O House, Lodhi Road,
       New Delhi - 110003.

3.     The Debt Recovery Tribunal, Shanti Kunj, 797- I I, South Civil Lines, Jabalpur
       (M.P.) Through Its Registrar.

4.     The Recovery Officer, Debt Recovery Tribunal, Shanti Kunj, 797 - I I South
       Civil Lines, Jabalpur (M.P.).

5.     The Chhattisgarh State Co- Operative Tribunal, Nehru Nagar, Bilaspur
       Chhattisgarh.

6.     The Registrar, Co- Operative Societies, Raipur Chhattisgarh.

7.     The Deputy Registrar, Co - Operative Societies, Bilaspur Chhattisgarh.

8.     Housing And Urban Development Corporation, Through - Its Authorized
       Representative, B V V S N Murthy Patnaik, A G M Law, Having It Regional
       Office At 1-B, Surya Apartment Katora Talab, Raipur Chhattisgarh.

9.     Neelam Choudhary W/o Late Shri Rajendra Choudhary, Aged About 45
       Years R/o C/o Gurjeet Singh Dhanoa Quarter No. H I G - 48, Arya Colony,
       Tifra, Police Station Sirgitti, Bilaspur, District - Bilaspur Chhattisgarh.

10.    Vijay Kumar Choudhary S/o Late Rajendra Choudhary, Aged About 25 Years
       R/o C/o Gurjeet Singh Dhanoa Quarter No. H I G-48, Arya Colony, Tifra,
       Police Station Sirgitti, Bilaspur, District - Bilaspur Chhattisgarh.

                                                                       ---- Respondents

Mr. Bharat Rajput, counsel for the petitioner. 17/11/2021 Heard.

It is submitted by the learned counsel for the petitioner that the

petitioner was not a party in personal capacity in the case, before the

DRT, Jabalpur on which the judgment dated 05.07.2002 was passed.

The petitioner had challenged the recovery proceeding, before the

respondent No.7 in the case No. 78/64/2013. The order dated

20.02.2013 has been passed in which the petitioner has been

exonerated from responsibility and the respondent No.1 society has

been held responsible for the recovery proceeding. In the original case

before DRT, Jabalpur respondent No.1 is the only party, who has

been held responsible for recovery. Notice has been issued to the

petitioner in person directing him to vacate the property in his

possession on 22.10.2021. Hence, this petition.

Issue notice to the respondents. Process fee as per rules.

List this case after four weeks.

In the meanwhile, it is ordered that the action taken against the

petitioner on the notice dated 22.10.2021 by the Recovery Officer,

shall remain stayed, until the next date of hearing.

Sd/-

(Rajendra Chandra Singh Samant) Judge

balram