IMPORTANT POINT
The Registrar's authority to refer disputes to the District Judge under section 48(8) of the Bihar Co-operative Societies Act, 1935, and the requirement to set aside a registered sale deed through a Civil Court of competent jurisdiction as per the decision of the Hon’ble Supreme Court in Gorakhnath Dube vs. Hari Narain Singh, AIR 1973 SC 2451.

JUDGMENT :

PARTHA SARTHY, J.

1. Heard Mr. Ramakant Sharma, learned Senior Counsel assisted by Mr. Arvind Kumar Jha, learned counsel for the appellant, Mr. A.K. Dubey, learned Assistant Counsel to Additional Advocate General no. 11 for the State of Bihar and Mr. Rakesh Kumar Jha, learned counsel for the respondent no. 5.

2. The instant appeal has been preferred against the judgment dated 30.4.2019 passed in CWJC No. 17984 of 2015.

3. The case of the appellant in brief is that the Managing Committee of the Alok Sahkari Grih Nirman Samiti Limited (‘the Samiti’ in short) allotted a piece of land bearing Plot no. 21A measuring an area of 4000 sq. ft. in favour of the appellant. As directed, the appellant deposited a sum of Rs. 1,10,000/ in UCO Bank, Birchand Patel Path and on the said deposit, the allotment was confirmed. As per the appellant’s case, he was posted at Ranchi but was regularly pursuing the Samiti to execute a registered deed in his favour with respect to the land in question.

4. It is further case of the appellant that subsequently the respondent nos.5 and 6 became the President and Secretary of the Samiti and the respondent no. 5 got a registered sale deed executed in his favour with respect to the plot in question. He hurriedly constructed a building thereon. The appellant on learning about the above, filed Dispute Case no. 18/2009 wherein order dated 6.10.2010/27.11.2010 was passed. The said order was challenged before the Registrar, Co-operative Societies in Misc. Appeal no. 9/2011. The Registrar, Co-operative Societies by order dated 2.7.2015/21.8.2015, in terms of section 48(8) of the Bihar Co-operative Societies Act, 1935 (‘the Act’ in short) referred the dispute to the District Judge in view of the fact that the subject matter of the lis relates to allotment of plot as also the execution and registration of the sale deed of the same and thus it involved a question of right, title and interest which was beyond his competence. This order dated 2.7.2015/21.8.2015 passed in Misc. Appeal No. 9/2011 by the Registrar, Co-operative Societies was challenged by the appellant by filing CWJC No. 17984 of 2015.

5. A counter affidavit was filed on behalf of Registrar, Co-operative Societies, Bihar in the writ application. By order dated 30.4.2019, the learned Single Judge finding no merit in the writ application was pleased to dismiss the same.

6. Learned Senior counsel appearing for the appellant submitted that the sale deed executed in favour of respondent no. 5 with respect to the plot in question which was originally allotted to the appellant, was void ab initio. The Registrar, Co-operative Societies under the Act was himself competent to decide the matter in issue. He should have decided the appeal on merits and not referred the same to the District Judge, Patna. The Registrar committed an error in referring the matter to the District Judge in terms of section 48(8) of the Act and further the learned Single Judge erred in not appreciating the points raised by the appellant and dismissed the writ application.

7. The submissions made on behalf of the appellant were opposed by learned counsel appearing for the respondents. It was submitted by learned counsel appearing for the respondent no. 5 that the land in question was rightly allotted to the respondent no. 5 for which the registered sale deed was executed on 20.7.2002. The respondent no. 5 has constructed a residential house thereon and is residing therein for the last nearly 20 years. It was submitted that there is no merit in the instant appeal and the same be dismissed.

8. Having heard learned counsel for the parties, the relevant facts as per the appellant’s case are that he was allotted a plot bearing Plot no. 21A measuring an area of 4000 sq. ft. by the Managing Committee of the Samiti. As directed, he deposited a sum of Rs. 1,10,000/- on 20.2.1992 and further a sum of Rs. 1,000/- for demarcation and putting up of pillars. Inspite of his request to the Samiti to execute