Bharat Ekta Grih Nirman Sahyog Samiti Ltd. vs State of Jharkhand, through the Secretary, Department of Revenue, Registration and Land Reforms, Government of Jharkhand

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Jhk) 704

IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR, J.
Bharat Ekta Grih Nirman Sahyog Samiti Ltd. - Petitioner
Versus
The State of Jharkhand, through the Secretary, Department of Revenue, Registration and Land Reforms, Government of Jharkhand & Ors. - Respondents
W.P.(C) No. 3535 of 2021
Decided On : 21-12-2021

Advocates Appeared:
For the Petitioner: Mr. Mrinal Kanti Roy.
For the Respondent: Mr. Mohan Kumar Dubey, AC to AG.

Headnote:
Bihar (now Jharkhand) Co-operative Societies Act, 1935 – Member of co-operative society - Sale Deed – Registration of residential plots/flats/buildings of co-operative societies. - Norms, rules, regulations and circulars - Seeking direction upon respondent no. 2 to cancel Sale Deed which has been registered by said respondent in violation of the established norms, rules, regulations and circulars - Grievance of petitioner is that one of its members (respondent no. 3) has executed Sale Deed in favour of respondent no. 4, who is not member of petitioner–co-operative society and no consent has been taken by respondent no. 3 from petitioner before executing said sale deed which has been registered by respondent no. 2 –District Sub-Registrar - Held, Petitioner in the present writ petition, this Court is not inclined to entertain the same. If any member of the co-operative society or the District Sub-Registrar is not following the direction of the Registrar, Co-operative Societies, Jharkhand, Ranchi, the said aspect can be brought to the notice of the said authority for further needful under appropriate provisions of Act, 1935 - Petition is dismissed.

JUDGMENT :

At the request of the learned counsel for the petitioner, the remaining defect as pointed out by the office is ignored.

The present writ petition has been filed for issuance of direction upon the respondent no. 2 not to act beyond the direction issued by the Registrar, Co-operative Societies, Jharkhand, Ranchi vide memo no. 1871 dated 19.08.2021 (Annexure-3 to the writ petition) with regard to registration of residential plots/flats/buildings of co-operative societies. Further prayer has been made for issuance of direction upon the respondent no. 2 to cancel Sale Deed No. 1187 dated 04.03.2021 entered in Volume No. 110, Page 143/192, which has been registered by the said respondent in violation of the established norms, rules, regulations and circulars.

2. The grievance of the petitioner is that one of its members namely, Basant Singh (the respondent no. 3) has executed Sale Deed No. 1187 dated 04.03.2021 in favour of one Harihar Ram (the respondent no. 4), who is not the member of the petitioner–co-operative society and no consent has been taken by the respondent no. 3 from the petitioner before executing the said sale deed which has been registered by the respondent no. 2 – the District Sub-Registrar, Bokaro. According to the petitioner, the respondent no. 3 also did not follow the clear direction issued by the Registrar, Co-operative Societies, Jharkhand, Ranchi as contained in memo no. 1871 dated 19.08.2021 while executing the sale deed in favour of the respondent no. 4.

3. Having heard learned counsel for the parties and keeping in view the nature of prayer made by the petitioner in the present writ petition, this Court is not inclined to entertain the same. If any member of the co-operative society or the District Sub-Registrar is not following the direction of the Registrar, Co-operative Societies, Jharkhand, Ranchi, the said aspect can be brought to the notice of the said authority for further needful under appropriate provisions of Bihar (now Jharkhand) Co-operative Societies Act, 1935.

4. The writ petition is dismissed with aforesaid observation.

Click Here to Read the rest of this document