Smt. Alpana Kumari vs The State of Jharkhand and Others

Narendra Nath Tiwari

In this writ petition, the petitioner has challenged the order dated 29.6.2009 (Annexure-7) passed by the Registrar, Co-operative Societies, Jharkhand in Misc. Case No. 1/2005. The petitioner has challenged the said order on the ground that learned Registrar, Co-operative Societies, Jharkhand has not taken into consideration the relevant aspects and the bye-laws of the Co-operative Societies and has picked up a resolution to hold that the Board of Director has power to do all the things, which may deem necessary or expedient and on that basis to change the allotment from plot to flat.

Learned counsel for the petitioner submitted that the said resolution of the Board of Director is contrary to the main aims and objects of the Co-operative Societies and the same cannot override the bye-laws, which have been framed for achieving the aims and objects of the Co-operative Societies. Learned Registrar has not taken into consideration the said aspect and has relied on the said resolution to come to his conclusion. The impugned order of learned Registrar is, thus, lop sided, illegal and is liable to be quashed.

I have heard learned counsel for the petitioner and considered the facts and materials on record. I have also perused the impugned order.

On going through the impugned order, I find that learned Registrar has considered the facts and materials on record in detail. After due discussion and consideration thereof, learned Registrar has held that the decision for cancellation of plot was taken long back and the said circular was issued on 1.9.1990, but the petitioner did not ask for convening any general meeting and did not lodge any protest for several years. Belatedly, the petitioner approached the Assistant Registrar, Co operative Societies on 21.7.1996 and also lodged a complain be fore the District Consumer Forum in the year 1997. After scrutinizing the relevant provisions, learned Registrar has further held that the Board of Director is competent to take decision to change the holding pattern from plot to flat. Learned Register has also directed to refund the difference amount of Rs. 55,500/-with compound interest @ 12% per annum w.e.f 1.9.1990 to the petitioner. The impugned order of Learned Registrar is well reasoned and sound. I find no illegality or infirmity in the impugned order warranting interference by this Court in exercise of writ jurisdiction. This writ petition is, accordingly, dismissed.