MUNNI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsels for the respondent Bihar Police Co-operative Society Ltd. and for the State. From the pleadings of the case it appears that the Bihar Police Co-operative Society Limited is a Co-operative Society registered under the Bihar Co-operative Societies Act with the aim of allotment of plots of land specially for construction of residential houses for the police personnel working in the State of Bihar, making deposits of specified amount. There is nothing to show that the said Society is not a purely private society to fulfill the housing needs of the members of that society. There is nothing further to show that the State exercises any direct control over the said society beyond the general regulation of all such similar co-operative societies under the provisions of the Bihar Co-operative Societies Act. Learned counsel for the petitioner was accordingly directed by order dated 21.10.2013 to satisfy this Court as to how a writ would lie against such Co-operative Society considering the fact that the Registrar, Co-operative Societies as per the averments made in the counter affidavit filed on behalf of the State appears to be merely a formal party.

(2.) From the dispute raised in the writ petition it is evident that the petitioner has sought the allotment of 2400 sq.ft. (and in the proposed Bihar Police Colony, Sector-II at Patna from the respondent Police Cooperative Society. Such dispute is a purely private dispute between the Co-operative Society and its members.

(3.) In support of the stand learned counsel for the petitioner has sought to rely upon two decisions of the Supreme Court in the case of Som Prakash Rekhi vs. Union of India and Another, 1981 AIR(SC) 212 and Shri Anadi Mukta Sadguru Shree Muktajee Vandasjiswami Suvarna Jayanti Mahotsav Smarak Trust and Others vs. V.R. Rudani and Others, 1989 AIR(SC) 1607. The thrust of learned counsel's submission was based upon paragraphs 16, 19 and 21 of the latter decision which are in the following terms:--