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2023 Supreme(MP) 122

VISHAL DHAGAT
Nayagaon Cooperative Housing Society Jabalpur – Appellant
Versus
State of M. P. – Respondent


Advocates:
Kishore Shrivastava with Kunal Thakre for petitioner; Girish Shrivastava for respondent No. 4/caveator.

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 T

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