JUDGMENT 1. - The petitioner No.1 Smt. Kanchan Devi is widow of Late Shri Devi Lal, who died on 8.11.1991 while working as Manager, Mandfia Gram Sewa Sahakari Samiti Limited. The Assistant Registrar, Cooperative Societies, Chittorgarh on 6.2.1995 served a charge-sheet upon Shri Radha Krishan Kumawat, father of late Shri Devi Lal Kumawat pertaining to misappropriation of 80 bags of Churi, Fertilizer, Seeds and drugs. Shri Radha Krishan Kumawat vide letter dated 17.3.1995 communicated to the Assistant Registrar, Cooperative Societies, Chittorgarh about his ignorance pertaining to the allegations made against Shri Devi Lal Kumwat. The respondents instead of realising the position that Shri Devi Lal died on 8.11.1991 and as such, no defence could have been advanced by his father decided to proceed against Shri Radha Krishan Kumawat as per provisions of Section 74(2) of the Rajasthan Cooperative Societies Act, 1965 (for short 'the Act of 1965' hereinafter). An order of recovery dated 26.3.1997 was passed by the Assistant Registrar, Cooperative Societies holding Shri Devi Lal Kumawat liable for misappropriation. Being aggrieved by the order dated 26.3.1997 holding Shri Devi Lal guilty for misappropriation Shri Radha Krishan Kumawat preferred an appeal before the Joint Registrar, Cooperative Societies, Udaipur stating therein that after death of Shri Devi Lal no proceedings under Section 74 of the Act of 1965 could have been initiated. The appellate authority rejected the appeal and a demand notice dated 21.2.1998 was issued by the Sale Officer, Chittorgarh Central Cooperative Bank Limited. An another demand notice was issued on 16.8.2007 against the petitioner for effecting recovery of Rs. 1,70,455/- as Shri Devi Lal was held guilty for misappropriation under the order dated 31.3.1997. 2. A notice of attachment then was issued and certain properties of the petitioner were attached by the respondents and same were ordered to put for auction. Being aggrieved by the same, this petition for writ is preferred with assertion that no proceedings under Section 74 of the Act of 1965 could have been initiated against Shri Devi Lal through her father Shri Radha Krishan Kumawat or through any other legal representatives including the petitioners. 3. A Reply to the writ petition has been filed on behalf of the respondents stating therein that the proceedings under Section 74 of the Act of 1965 were conducted in accordance with law. 3. A Reply to the writ petition has been filed on behalf of the respondents stating therein that the proceedings under Section 74 of the Act of 1965 were conducted in accordance with law. No satisfactory explanation is given by the respondents for proceeding in the matter against a dead person. 4. The facts stated above clearly depicts that the respondents initiated proceedings under Section 74 of the Act of 1965 after a lapse of about 3½ years from the date of death of Shri Devi Lal Kumawat. All the allegations leveled against him being purely of individual act could have not been explained by Shri Radha Krishan Kumawat or by any other legal representatives of Late Shri Devi Lal. The petitioners have been subjected to recovery of huge amount for an act which is not at all related to them and they are not at all in position to explain and defend the same. The allegations leveled against Late Shri Devi Lal could have been defended by him only and not by his other family members, as such, initiation of proceedings under Section 74 of the Act of 1965 against Shri Radha Krishan itself was unauthorized. 5. For the reasons given above, this petition for writ is allowed. The order dated 31.3.1997 (Annex.3) passed by the Assistant Registrar, Cooperative Societies, Chittorgarh is quashed. The order passed by the appellate authority, which is not placed on record too is quashed. All consequential demand notices are also quashed.No order to cost.Petition allowed. *******