Law: Punjab Undesirable Cooperative Societies (Dissolution) Act, 1993

Section: 3, 14, 16, 17

 Summary The petitioner challenged the judgment dated 12.06.2020 of the Cooperative Judge, which had dismissed his cooperative petition regarding ownership and validity of competing sale deeds over land in Lahore. The dispute involved conflicting claims between Pasban Cooperative Finance Corporation (PCFC) and a private respondent over the same property. The Civil Court had earlier decreed a suit in favour of the respondent, cancelling PCFC’s title documents. The Cooperative Judge upheld that decree and dismissed the petitioner’s challenge. In writ jurisdiction, the High Court found that the matter was governed by the Punjab Undesirable Cooperative Societies (Dissolution) Act, 1993 (now Re-Organization Act, 2025), which gives exclusive jurisdiction to the Cooperative/Liquidation authorities and bars civil court jurisdiction. It held that civil court proceedings and decrees passed in violation of this statutory scheme were nullity and inexecutable. The High Court therefore set aside the Cooperative Judge’s decision and restored the petitioner’s claim for reconsideration. Tagline “Civil court decree ignored due to statutory bar under Cooperative Societies law; exclusive jurisdiction of Cooperative/Liquidation authorities reaffirmed.” ORDER; CH. MUHAMMAD IQBAL, J:- Through this Writ Petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, the petitioner has challenged the legality of judgment dated 12.06.2020, passed by the learned Cooperative Judge who dismissed the Co-operative Petition No.24163/2019 filed by the petitioner. Brief facts of the case are that the Pasban Cooperative Finance Corporation (PCFC) purchased land measuring 57-Kanals 05-Marlas through registered sale deed No.11603 dated 09.08.1988 situated in Mouza Kamahan, Tehsil & District Lahore and mutation No.2536 was incorporated in the revenue record. Respondent No.1 through sale deed No.17290 dated 12.12.1982 claims himself as owner of the suit property measuring 57-Kanals 05-Marlas. The petitioner issued a letter No.PCBL-P-5241 dated 25.05.2018 to the Addl: District Collector Lahore…