RAM MUKHIYA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition is filed challenging the order, dated October 3/19, 2001 passed by the Registrar, Co-operative Societies in Revision Case No. 78 of 2001. By the impugned order a copy of which is at Annexure 1, the Registrar rejected the revision filed by the petitioners against the conversion/registration Of an earlier Co-operative Society as a self supporting society under the provisions of the Bihar Self Supporting Societies Act, 1996 (hereinafter referred to as 'the Self Supporting Act, 1996).

(2.) The facts are brief and simple. In the year, 1993, the cooperative society was registered under Section 11 of the Bihar Co-operative Societies Act, 1935 under the name of Alinagar Prakhand Matsyajeevi Sahkari Samiti Limited. In 1996 the Self Supporting Act came into force and in March, 1998 a petition under Section 5 of the Self Supporting Act was filed before the Dist. Co-operative Officer, Darbhanga for conversion of the cooperative society into a self supporting society. The Dist. Cooperative Officer allowed the request for conversion by order, dated 31-3-2000 and the Society was issued a certificate of registration under the Self Supporting Act. From that date if started functioning as a self supporting society.

(3.) In November, 2000 the petitioners filed a revision before the Registrar, Cooperative Societies raising a dispute under Section 48 of the 1935 Act and questioning the conversion of the society into a self'supporting society and its registration under the Self Supporting Act. The Registrar by an order, dated 14-11-2000, passed ex parte and without notice to the Society and its office bearers impleaded as Opp. party in that petition, admitted the revision and sent it for disposal before the Dy. Registrar (Judicial), Co-operative Societies, Bihar, Patna. On 7-12-2000, on a petition filed in the case, the Deputy Registrar stayed the conversion/ registration of the society, into a self supporting society though the registration was made in March, 1998 itself. A petition filed by the Opp. party (respondents in this writ petition) for recall of the stay order was rejected on 11-1-2001 and another petition questioning the maintainability of the revision petition was similarly rejected by order, dated 30-3-2001. Against the orders passed by the Deputy Registrar, the respondents filed a revision before the Registrar on 9-6-2001 in which, apart from challenging the order of interim stay, they assailed the very maintainability of the petitioners' case, challenging the conversion/registration of the society as a self supporting society. The Registrar upheld the contention of the respondents and found and held that the petitioners' challenge to the conversion/registration of the Society as a self supporting society was not maintainable. He, accordingly, allowed the revision filed by the respondents and dismissed the petitioners' petition which at that stage was pending before the Dy. Registrar (Judicial). It is this order passed by the Registrar that comes under challenge in this writ petition.