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2019 Supreme(Pat) 416

RAJEEV RANJAN PRASAD
Ajit Kumar Son of Late Ram Kishore Lal – Appellant
Versus
State Of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Yogendra Mishra, Mr.Arvind Kumar Jha, Advocate
For the Respondent:Mr. Rakesh Kumar Jha, Advocate

JUDGMENT :

1. Petitioner in this case is aggrieved by and dissatisfied with the order dated 02.07.2015/21.08.2015 as contained in Annexure ‘7’ to the writ application by which the Registrar, Co-operative Societies has upon hearing the parties and perusal of the records took a view that the subject matter of the lis relates to the allotment of plot as also the execution and registration of a sale deed of the same, thus it involves a question of right, title and interest which is beyond his competence, therefore in terms of Section 48 (8) of the Bihar Co-operative Societies Act, 1935, the Registrar has exercised his power to refer the dispute to the District Judge for a decision. The prayer of the petitioner is that after setting aside the impugned order this court may be pleased to direct the respondent no. 2 to dispose of the appeal in accordance with law within a time frame. Apart from the affidavits exchanged by the parties in this case, they have also filed written notes of argument.

2. It is the case of the petitioner that the Managing Committee of the respondent no. 4 Alok Sahkari Grih Nirman Samiti Limited (in short the ‘Samiti’) allotted a plot bearing No. 21A measuring an are

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