The cancellation of allotment without proper notice and biased attitude of society members were held to be illegal, leading to the quashing of the Registrar's order and remand for fresh consideration.

1. Heard learned counsel for the petitioners, learned counsel for the State representing the Registrar Co-operative Societies, learned counsel for the Patliputra House Construction Co-operative Society Ltd. and learned counsel for private respondent no. 4.

2. The original sole petitioner Gauri Shankar Pande died during pendency of this writ petition and his heirs and legal representatives mentioned in I.A.No. 2305 of 2006 were substituted in his place as petitioners by order of this court dated 12.10.2006.

3. This Writ petition has been filed for issuance of a writ of certiorari quashing order dated 28.11.2000 (annexure-20) passed in Misc. Case No. 186 of 1996 by which the learned Registrar Co-operative Societies, Bihar, Patna upheld the earlier resolution of the Board of Directors of Patliputra House Construction Co-operative Society Ltd. (hereinafter referred to as the Society for the sake of brevity) dated 24.7.1990 communicated to the original petitioner vide memo no. 695 dated 28.11.1995 (annexur.e-5A) cancelling the allotment of plot in question bearing plot no. 252 measuring six kathas, three dhurs, three kanwan in the Society which was made in favour of the original petitioner as far back as on 8.1.1978 vide resolution no. 10 of the Society. The impugned order was passed on the basis of a finding that the petitioner had not acquired any title by virtue of a non-est sale deed dated 14.3.1989 for which no sanction or authorisation was granted by the Board of Directors and no construction of house was made and hence the requirements of Clause 26 and 47 of the Bye laws of the Society were not fulfilled. The said order dated 28.11.2000 (annexure-20) was passed by the learned Registrar, Co-operative Societies after the matter was remanded by this court vide order dated 25.4.2000 (annexure-14) passed in CWJC No. 6621 of 1998.

4. The admitted facts of this case are that the Patliputra House Construction Co-operative Society Ltd. is governed by its Board of directors and is duly registered before the Registrar, Co-operative Societies, Bihar, Patna under the Bihar Co-operative Societies Act, 1935 (hereinafter referred to as the Act for the sake of brevity). The plot in question bearing plot no. 252 was initially allotted on 13.5.1965 by the Society to Late R.N.Pande, who was an I.A.S. and was the father of the original petitioner Gauri Shankar Pande. After his death in September, 1965 the plot membership was transferred in favour, of his wife Smt. Rajmuni Devi, who also died in November, 1966, whereafter on his application of the year 1967 membership of the Society was transferred in favour of the original petitioner Gauri Shankar Pande vide Boards Resolution no. 10 dated 8.1.1978. In 1979 the petitioner submitted a building construction plan for the said plot before the Society which was returned to the petitioner for modification, whereafter it was re-submitted after modification on 18.12.1980, which according to the Society, was approved on 15.2.1981 with a condition that construction should be completed within one year, failing which allotment shall be cancelled.

5. However, the petitioner claimed that neither a copy of the said resolution was communicated to the petitioner, nor the approved plan was sent to him and it was only in the year 1996 when the matter was before the Registrar Co-operative Societies that the petitioner was given information thereof, but inspite of that the petitioner much earlier made construction of boundary wall, six garages and rooms as per the plan submitted by him in anticipation of its sanction, whereafter a reminder was sent by the petitioner to the Society on 1.3.1990. It is submitted by the petitioner that the said plot was situated at the extreme end of the Society adjacent to the village Gosaitola due to which anti-social elements of the said village started creating trouble which resulted in a proceeding under Sec.144 of the Code of Criminal Procedure between one Ajab Narayan Sing