FARIDA AZAM ALI vs PROVINCE OF SINDH through Secretary Cooperative Societies Government of Sindh, Karachi Ss

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FARIDA AZAM ALI VS PROVINCE OF SINDH through Secretary Cooperative Societies Government of Sindh, Karachi Ss. 56, 59, 64 & 64a---Cooperative Societies Rules, 1927, R.32---Housing Society---allotment---award---Revisional jurisdiction---Plot allotted to petitioner by Housing Society was cancelled on account of non-payment of dues, which was further allotted to subsequent allottee---Subsequent allottee preferred appeal which was decided by Registrar Cooperative Societies (Registrar) directing respondent society to compensate the present petitioner by allotting an alternate plot, which was not implemented---Petitioner filed application for execution certificate during pendency whereof respondent society preferred appeal/revision for suspension of earlier orders, which was decided by Minister for Law and Parliamentary affairs, Government of Sindh (Government) setting aside order of Registrar and award of the nominee of the Registrar---Government of Sindh directed the Registrar to appoint other suitable nominee for giving award---Petitioner impugned said order of Government of Sindh---Held, that appeal was already preferred by subsequent allottee before Registrar, therefore, proceedings filed by respondent society before Government could not be treated as an appeal and revision both for the reasons firstly, that S.64 of Cooperative Societies act, 1925, did not provide a second appeal from appellate order passed under S.56 of act, 1925; secondly, that Government while passing impugned order treated the proceeding as revision---Such proceeding was filed and order in appeal was passed after 6 months from passing said appeal---If original order/award passed in arbitration Proceeding was not challenged by respondent society, the same could not be questioned by filing a revision under S.64a of act, 1925---Lease could not have been cancelled in arbitration proceeding but the lease was overturned in decision of "Registrar" in appeal by keeping intact the leasehold rights of subsequent allottee and directing respondent society to give alternate plot to the petitioner; finding given in arbitration was maintained which attainted finality hence, could not have been interfered with in the purported revisional jurisdiction exercised by "Government"---Invoking revisional jurisdiction under S.64a was void ab-initio---Impugned order passed by "Government" was coram non judice and nullity in the eyes of law, hence, quashed---Plea of laches had also become meaningless---Constitutional petition was accepted accordingly.

FARIDA AZAM ALI vs PROVINCE OF SINDH through Secretary Cooperative Societies Government of Sindh, Karachi Ss — 2022 CLC 395 KARACHI-HIGH-COURT-SINDH

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