NASIR-UL-MULK, J.--- The petitioner, Atlas Khan, has filed this writ petition to question the notice issued by the Assistant , Registrar, Cooperative Societies, Bannu directing the petitioner and three others to repay, before 31-10-1997, the outstanding amount regarding the loan taken from the Cooperative Bank. The petitioner denied being either member of the Cooperative Society of Anjuman-e-Imdad Bahimi Kotka Sahib Shah, Bannu or having taken any loan from the Cooperative Bank. In the comments filed in response to the writ petition the Assistant Registrar, Cooperative Societies averred that the petitioner was the Secretary of the Society and that he had also mortgaged his landed property in lieu of the loan advanced to the Society.
2. At the hearing of the writ petition, in motion, we summoned the Assistant Registrar to the Court.
He appeared alongwith the relevant record pertaining to the loan. We were shown the various documents signed by the petitioner as well as the photo copy of the identity card of the petitioner furnished by him to the Bank. The Registrar also produced the revenue papers whereby the petitioner had mortgaged his property with bank to secure the loan advanced to the Society.
3. Serious factual controversies exist between the parties regarding the membership of the petitioner of the Society to which the loan had allegedly been advanced, receipt of any loan by the petitioner and mortgage of the petitioner's property with the bank. Resolution of such factual controversy requires recording of evidence. That cannot be done in Constitutional petition. For this reason, we are of the view that the writ petition is not maintainable. We would, therefore, dismiss this writ petition in limine, without dilating upon the merits of the opposing stand taken by the parties.