JUDGMENT :

RAJEEV RANJAN PRASAD, J.

1. Heard learned Senior Counsel representing the petitioner as well as the private respondents.

2. Petitioner in this case is aggrieved by the order dated 12.10.2012 passed by the Additional Registrar, Co-operative Societies, Bihar, Patna in Appeal No. 17 of 2007 by which he has refused to interfere with the order dated 25.03.2006/25.04.2006 passed by the Joint Registrar (Marketing), Co-operative Societies, Bihar, Patna in Case No. 125 of 2002.

3. It appears from the narration of facts in the writ application that the petitioner claims himself a member of the respondent Society and by virtue of a sale deed as contained in Annexure ‘3’ to the writ application he claims his right, title and possession over a piece of land being Society Plot No. 48 in Block No. B (2) which is a part of Survey Plot No. 216, Khata No. 228, Tauzi No. 5588 in Mauza-Khajpura. According to the petitioner, he had by virtue of being member of the Society got allotment of the land and after getting the sale deed vide Annexure ‘3’ came in possession over the land in question. It is also his case that his name was mutated in the revenue records by allowing Mutation Case No. 31/5/02-03 by the Anchal Adhikari, Sadar Patna. Annexure ‘4’ is the order of mutation.

4. The grievance of the petitioner is that while he has already got the possession over the land for about 12 years and was claiming his possession on the land, the respondent no. 2 who is not a member of the Society and has any rightful claim on the plot in question has by playing fraud and deceit in collusion with the Secretary of the Society namely, Bharat Tripathy and got executed a sale deed based on which he is claiming right, title and possession over the land.

5. It appears that the petitioner filed a Dispute Case No. 125 of 2002 before the Registrar, Co-operative Societies, Patna for declaration and confirmation of right, title and possession over the land of the given description. The matter was transferred to the Joint Registrar, Co-operative Societies, Bihar, Patna for a decision on the application of the petitioner. The Joint Registrar considered and disposed of the dispute case vide order dated 25.03.2006/ 25.04.2006 by rejecting the claim of petitioner as against the private respondent no. 2 but leaving it open to stake his claims against the Co-operative Society. The petitioner preferred an appeal being Appeal No. 13 of 2007 which was considered by the Additional Registrar, Co-operative Societies who took a view that in fact the dispute case itself is not maintainable. A copy of the order passed by the Additional Registrar, Co-operative Societies on 12.10.2012 is Annexure ‘11’ to the writ application which is impugned herein. A perusal of the impugned order shows that the Additional Registrar, Co-operative Societies has rejected the appeal on the ground that it was filed beyond the period of limitation and that there was no plea that the decision of the Joint Registrar was communicated to the petitioner at a later date.

6. Learned counsel for the petitioner submits that the impugned order passed by the Additional Registrar, Co-operative Societies as well as the Joint Registrar are fit to be set-aside on the ground inter-alia that the Additional Registrar could not appreciate that no period of limitation is provided under Section ‘48’ of the Co-operative Societies Act and further that the Additional Registrar as well as the Joint Registrar were unable to appreciate that in the present case the private respondent no. 2 had obtained a sale deed as contained in Annexure ‘6’ to the writ application from the attorney holder of the Ex-Secretary, who had not been authorised by a registered power of attorney as was required under Section 17 of the Indian Registration Act. Learned counsel for the petitioner has in support of his submission relied upon a Judgment of the Hon’ble Supreme Court in the case of Bihar State Co-operative Marketing Union Ltd. vs. Uma Shankar S