ORDER

1. This petition under Article 226 of the Constitution of India has been preferred by the petitioners for directing the respondents to include their names along with 224 similarly situated members in the list of eligible members for allotment of plots and to issue fresh list accordingly.

2. As per the petitioners, they are members of respondent No.5 Devi Ahilya Shramik Kamgar Sahkari Sanstha Maryadit which is a Housing Society. They had obtained membership of the society in different years by depositing the requisite charges towards entry fees, share money, maintenance charges, transfer fees, etc. Receipts were accordingly issued by the 5 society in their names. Petitioners were allocated plot numbers along with sizes on the receipts issued by the society.

3. It is further case of the petitioners that in spite of the aforesaid transactions, the records of the society did not reflect their names in the members list prepared in the year 2018. Respondent No.3, the Deputy Registrar, Cooperative Societies, Indore, hence by his letter dated 24.8.2018 corrected the list of members of the society and after including the names of petitioners along with 224 similarly situated members forwarded the corrected/amended list to the Collector, District Indore. By note sheet dated 5.9.2018 and 23.10.2018, the aforesaid amended list was forwarded to the Collector for appropriate action but none was taken.

4. Upon making of several complaints by members of the society a notice was published on 17.6.2022 by the society inviting objections from all the members. Pursuant thereto the petitioners also filed their objections. However, without finalizing the objections, respondent Nos. 1 to 3 constituted an Enquiry Committee on 30.11.2022 again inviting objections and claims from members of the society. Respondent No.4, the Enquiry Committee, upon scrutinizing the objections and claims of the members issued various lists declaring the members to be either eligible or ineligible for allotment of plots and made its recommendations accordingly. In the list published upon the objections raised by the petitioners along with 224 similarly situated members, it has been concluded that petitioners and they are not eligible for allotment of plots. Hence, this petition has been preferred by the petitioners claiming the aforesaid relief.

5. Learned counsel for the petitioners has submitted that the impugned list issued by respondent No.4 is illegal and without jurisdiction. Petitioners have not committed any irregularity or lapse in payment of the requisite charges as demanded by the society yet they have been deprived of their plots without any lawful reason. Petitioners had filed their objections before the authorities from time to time along with the relevant records for the purpose of enquiry hence the respondents could not have declared the petitioners ineligible for allotment of plots. The entire impugned list is illegal and hence deserves to be quashed.

6. Reply has been filed by respondent Nos.1 to 4 submitting that the dispute and claim made by the petitioners has to be referred to the Registrar, Cooperative Society and the petitioners are required to file a dispute under section 64 of the M.P. Co-operative Societies Act, 1960. The petition in view of availability of alternate remedy is not liable to be entertained. It is further submitted that respondent No.5 society had been directed to submit its entire records to respondent No.4 Enquiry Committee so that the objections received from various members of the society can be decided. After examining the entire records submitted by the society, it was found that the records relating to original members, their resignations, affidavits as well as applications for membership made by the petitioners and other similarly situated members and appropriate resolutions of the Board of Directors in respect of granting membership to petitioners were not available and in absence of any such resolutions or record, transf