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2022 Supreme(Pat) 498

IN THE HIGH COURT OF JUDICATURE AT PATNA
P. B. BAJANTHRI and RAJIV ROY, JJ.
(19.10.2022)
LPA No. 1486, 1489 of 2016 in CWJC No.3277 of 2009 with 12255 of 2007
Smt. Kumud Sahu Chaudhary
(in 1486)
Smt. Kumud Chaudhary
(in 1489) : Appellants
Vs.
State of Bihar & Ors. : Respondents
(in both)

Advocates Appeared:
For the Appellant : M/s Ashutosh Jha, Bijoy Kant Mishra, Avinav Kumar (in both).
For the Respondents: None (in 1486); M/s Ajay Behari Sinha, Sr. Adv., Upendra Kumar Singh (in 1489).
Respondent no. 5 to 7: Mr. Sunil Kumar Sharma (in 1489).

Headnote:

Bihar Co-operative Societies Act, 1935–Section 48–Dispute among members over allotment of land under Patliputra Co-operative Society alloted and registered in favour of Late G.S. Pande private respondents are heirs of said late GS Pandey–allotment subsequently cancelled while G.S. Pande was alive–earlier G.S. Pande and later his heirs strenously persued the matter before one or other forum and were also granted status quo from time to time–thus, there was no occasion for 'the Patliputra Society' to rush through the process of allotment of land in favour of the appellant earlier on 9.7.1996 and later on 23.08.1998–the Registrar Cooperative Society had rightly observed in its order dated 17.07.2007/23.07.2007 that 'the Board of Society' had no jurisdiction to overlook the registered sale deed while cancelling the allotment of plot on 24.07.1990 as the documents would be binding on them as long as it is not set aside by the competent court–although 'the Society' cancelled the allotment of plot to late G.S. Pande, It took no steps for the cancellation of sale deed–orders passed by the respondent authorities 17.07.2007/23.07.2007 and 27.08.2007 were perfectly justified–further, the respondent No. 5 was also justified in passing the order dated 19.11.2008/20.11.2008 by which directions were given for grant of possession to the private respondents–'the Society' has to act in line with the order passed by the learned Writ Court–no error in the impugned order–LPAs allowed. (Paras 34, 35, 36, 39 & 40)

AIR 1973 SC 2451–Referred.

RAJIV ROY, J.:–The two appeals, LPA No. 1486 of 2016 and LPA No. 1489 of 2016 have been preferred by the sole appellantpetitioner challenging the common order dated 24.6.2016 passed by the learned Single Judge in C.W.J.C. No. 3277 of 2009 and C.W.J.C. No. 12255 of 2007 respectively by which the orders dated 17.7.2007/23.7.2007 passed by respondent no.2, the Registrar, Cooperative Society, Bihar, Patna (henceforth for short ‘the Registrar’) as also the order dated 19.11.2008/20.11.2008 passed by the respondent no.5, the District Cooperative Officer, Patna (henceforth for short ‘the Cooperative Officer’) and the order dated 23.01.2009 passed by the respondent no.6, Additional Collector, Law and Order, Patna were not interfered with and the writ petitions preferred by the appellant-petitioner was dismissed with further direction to the concerned authorities to return the amount deposited by her within a period of three months failing which she shall be entitled to bank interest.

2. The matrix of facts giving rise to the present appeal is/are as follows:—

3. The matter relates to plot no. 252 in Patliputra Housing Construction Society Limited, Patna (henceforth the short ‘the Society’) allotted in favour of the late R.N. Pandey on 13.5.1965.

4. R. N. Pandey expired the same year and accordingly his wife, Raj Muni Devi was inducted as a Member of 'the Society' on 3.10.1966 but unfortunately she also died in the month of November, 1966.

5. 'The Society' thereafter transferred the membership of the aforesaid plot in favour of G.S. Pande, father of the present respondent nos. 7 to 9.

6. The said G.S. Pande submitted application for the registration of sale deed in his favour on 8.3.1989 which was registered by 'the Society' on 14.3.1989.

7. The issue arose on 26.5.1990 when the deed of annulment was executed by 'the Society' through its Honorary Secretary with regard to the said plot. Accordingly, the Board of 'the said Society' passed a resolution on 24.7.1990 cancelling the allotment made in favour of G.S. Pande.

8. This cancellation of the allotment was challenged by G.S. Pande vide Miscellaneous Case No. 186 of 1996 before the respondent Registrar, Cooperative Societies and on 3.7.1996, an order of status quo was passed. Despite the said order of status-quo, 'the Society' proceeded to allot a portion of the plot no. 252 (252/A) in favour of the appellant-petitioner on 09.07.1996.

9. The Miscellaneous Case No. 186 of 1996 came to be dismissed on 29.6.1990. Aggrieved, C.W.J.C. No. 6621 of 1998 was filed by G.S. Pande in July, 1998. In the meantime, the remaining portion of plot no. 252 (252/B) was also alloted to the appellant-petitioner on 23.8.1998.

10. G.S. Pande sought interim order from Patna High Court in C.W.J.C. No. 6621 of 1998 and accordingly an order of status-quo was passed on 24.8.1998.

11. The writ petition was finally allowed on 25.4.2000 and Miscellaneous Case No. 186 of 1996 was remanded to the appropriate authority for fresh consideration.

12. The Miscellaneous Case No. 186 of 1996 was thereafter taken up by the Registrar, Cooperative Society and was dismissed again on 28.11.2000. Aggrieved, another writ petition vide C.W.J.C. No. 4593 of 2001 was preferred by G.S. Pande in 2001. However, during the pendency of the said writ petition, he died and was substituted by the present respondent nos. 7 to 9.

13. C.W.J.C. No. 4593 of 2001 was allowed on 3.4.2007 and the order passed by the Registrar, Cooperative Society on 28.11.2000 was set aside and the matter was once again remanded for fresh consideration.

14. The respondent Registrar, Cooperative Society thereafter took up the Miscellaneous Case No. 186 of 1996 and vide an order dated 17.7.2007/23.7.2007 allowed the same which read as follows:—

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As directed by Hon'ble Court in CWJC No. 4593/01 Smt Swati Pande an






















































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