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VISHAL DHAGAT
Nayagaon Cooperative Housing Society Jabalpur – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER
Vishal Dhagat, J. - 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 neve
The main legal point established is that the Deputy Registrar of Cooperative Societies has the jurisdiction to deal with disputes touching upon the business of the society, as per Section 64 of the M....
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 ....
An appeal against a Deputy Registrar's order to the Registrar is not maintainable under the MP Cooperative Societies Act, 1960.
The Deputy Registrar lacks jurisdiction to adjudicate membership and ownership disputes under Section 154B-27 of the Maharashtra Cooperative Societies Act, which only allows for enforcement of existi....
The competence of the Deputy Registrar to pass the award and the impermissibility of settling to validate an illegal act.
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