Rajiv Roy, J.—Heard Mr. Mukesh Kumar, learned counsel for the petitioner, Mr. Devendra Kumar Sinha, learned Senior Counsel duly assisted by Mr. Birendra Kumar Roy, for the Bihar State Housing Board, Mr. Y.V. Giri with Md. Abu Haider, learned counsel who represent the heirs of the respondent no.6 duly assisted by Mr. S.P. Verma, learned counsel for the Patna Municipal Corporation.

2. The petitioner, Peoples Cooperative House Construction Society Ltd. (henceforth for short ‘the Society’) has preferred this writ petition for the issuance of:—

(i) an appropriate writ, order or direction for quashing of the order dated 18.08.2012 (Annexure 10’) passed by the respondent no.3 as well as the order dated 07.09.2015/ 14.09.2015 (Annexure 11’) passed by the respondent no. 4 declaring the same as illegal;

(ii) an appropriate writ, order or direction commanding the respondents especially the respondent no.6 to desist from enforcing the orders contained in Annexures 10 & 11;

(iii) any other appropriate writ/writs, order/orders, direction/ directions and/or relief/reliefs which the petitioner is entitled to in the particular facts and circumstances of the case.

3. The brief facts of the case is/are as follows:—

4. ‘The Society’ is registered under the provisions of Bihar Cooperative Societies Act and Rules (henceforth for short ‘the Act and the Rules’) under which a management committee was constituted with the object to acquire land by purchase or lease and/or to develop a colony by allotting lands to its members.

5. In continuation of that, erstwhile Housing Department leased out 131.12 acres of land for developing colony for the members of ‘the Society’ in the year 1964 and a registered lease deed was executed on 17.01.1968. According to ‘the petitioner-Society’, although the Department had sanctioned 1600 plots; on the spot, there was only 1590 plots.

6. Out of the said plots so allotted, 10 plots were kept for public utility while 1580 plots were allotted to its members and documents were executed in their favour. So far as the respondent no.6, namely, Samsul Hoda [since deceased and substituted by his heirs, Abiba Ahmad (wife), Sharaf Hoda & Zain Hoda (both sons)] is/are concerned; the mother of the late respondent no. 6 was one of the member of ‘the Society’ and after her death, he was inducted as a member. He approached ‘the Society’ for allotment of land and thus was allotted Plot No. 218 in ‘F’ Block and accordingly, the documents executed in his favour.

7. According to the writ petitioner, the respondent no. 6 failed to construct the plot within six months and in the meantime, the Housing Department which was re-designated as Bihar State Housing Board (henceforth for short ‘the Board’) grabbed the vacant land of ‘the Society’ which included F-218.

8. Meanwhile, ‘the Society’ also took decision to construct four storied building on Plot Nos. B-184 and B-186 for its left over members which was sanctioned by the competent authority but upon the objection raised by the other members of ‘the Society’; the matter went to the Patna High Court vide C.W.J.C. No. 4627 of 1989 and as ‘the Housing Board’ had also initiated the proceedings, the writ petition was disposed of on 04.08.1989 with a direction to it to take appropriate decisions (Annexure-2 to the petition).

9. ‘The Board’ thereafter vide memo no. 3328 dated 18.11.1989 declared the proposed construction illegal which was challenged in C.W.J.C. No. 10112 of 1989 but the same was referred for arbitration on 19.07.1990 (Annexure-3 and 4 respectively to the writ petition).

10. Meanwhile, the erstwhile Patna Regional Development Authority (henceforth for short ‘the PRDA’) also instituted Vigilance Case No. 01/1991 against the proposed construction and further restrained ‘the Society' from making any construction. As a result, four (4) storied building could not be constructed.

11. Being completely frustrated with ‘the petitioner-Society’ attitude, the respondent no.6 filed application before the Join