ORDER

1. Petitioner has filed this petition under Article 226 of Constitution of India challenging order dated 29.12.2022 contained in Annexure-P/1 passed by Deputy Registrar Cooperative Society, Jabalpur.

2. By impugned order, direction was given to petitioner-society to execute registered sale-deed in favour of Respondent No. 4 at a particular rate in respect of a non-existing plot. Order of Dy. Registrar Cooperative Society is challenged on the grounds that Dy. Registrar does not have any jurisdiction to pass order of allotment of plot and execution of sale-deed. Direction of High Court to decide representation of respondent does not give any jurisdiction to Dy. Registrar. Petitioner raised preliminary objection that representation preferred by Respondent No.4 is not ‘dispute’ within the meaning of section 64 (2) of Madhya Pradesh Cooperative Societies Act, 1960. Dy. Registrar failed to answer said objection. Learned Dy. Registrar failed to consider the entitlement of Respondent No.4 for allotment of plot. Allotment of plot and execution of sale deed is to be done by society and Registrar cannot order same. Plot No.147 was not available with society as same was never approved by TNCP. There is noncompliance of Section 72(1)(B). It is submitted that Court cannot sit over commercial wisdom of cooperative society and dictate rates at which plot is to be sold. In view of aforesaid submission, learned Senior Counsel appearing for petitioner prayed for allowing the writ petition and quashing of order of Dy. Registrar.

3. Respondents opposed writ petition on the ground that cooperative societies are not covered under Article 12, therefore, writ petition is not maintainable. Reliance is placed on 1993(1) MPLJ 767. It is submitted that plot No.147 was allotted to respondent in 2009 at rate of Rs.150/- per square feet and necessary payment was also made by Respondent No.4 but petitioner deferred allotment of plot on flimsy grounds. If there is any dispute regarding interpretation of any matter then Registrar is final authority, therefore, order does not suffer from defect of jurisdiction. It is submitted that complicated question of facts is involved between petitioner and private respondent No.4, which cannot be adjudicated in writ petition. Petitioner is having an alternate remedy to prefer an appeal. On the basis of said submissions, prayer is made for dismissal of writ petition.

4. Deputy Registrar Co-operative Societies directed that member be allotted Plot No. 147 as per current rate i.e. Rs. 150 per Sq. Ft. and registered sale deed be executed and possession be given to respondent No.4.

5. Heard the counsel for the parties.

6. Petitioner had contended that Plot No. 147 is not available with society as same has not been approved by Department of Town and Country Planning. Lay out of 102 acres of first phase of society as on 6.4.1984 is filed as Annexure P/5. On going through said lay out plan, last plot which is available in Phase 1 is Plot No. 146. Society intended to carve out fresh plots for its member but same could not be done as they were exceeding 54.148 acres and therefore, TNCP did not approve the same. Remaining lands reserved in Phase 2 and Phase 3 have been taken back by the State Government. In view of aforesaid, respondent had not denied availability of Plot No. 147 as averred by petitioner, therefore, it will be presumed that Plot No. 147 is not available at present with petitioner.

7. Disputes in M.P. Co-operative Societies Act, 1960 is defined in section 64. As per said definition, any dispute touching constitution, management or business or liquidation of society shall be referred to Registrar by any of the parties to dispute. Society in question is cooperative housing society which allots plots for residential purposes. Allotment of plot touches upon the business of society. Society’s only work is to develop the area and to make available plots to its members on payment of cost. In view of same, there is existence o