SWATI PANDE Vs. REGISTRAR, CO OPERATIVE SOCIETIES

JUDGEMENT

(1.) HEARD learned counsel for the petitioners, learned counsel for the State representing the Registrar Co -operative Societies, learned counsel for the Patliputra House Construction Co - operative Society Ltd. and learned counsel for private respondent no. 4.

(2.) THE original sole petitioner Gauri Shankar Pande died during pendency of this writ petition and his heirs and legal representatives mentioned in I.A.No. 2305 of 2006 were substituted in his place as petitioners by order of this court dated 12.10.2006.

(3.) THE admitted facts of this case are that the Patliputra House Construction Co -operative Society Ltd. is governed by its Board of directors and is duly registered before the Registrar, Co -operative Societies, Bihar, Patna under the Bihar Co -operative Societies Act, 1935( hereinafter referred to as 'the Act ' for the sake of brevity). The plot in question bearing plot no. 252 was initially allotted on 13.5.1965 by the Society to Late R.N.Pande, who was an I.A.S. and was the father of the original petitioner Gauri Shankar Pande. After his death in September, 1965 the plot membership was transferred in favour, of his wife Smt. Rajmuni Devi, who also died in November, 1966, whereafter on his application of the year 1967 membership of the Society was transferred in favour of the original petitioner Gauri Shankar Pande vide Board 'sResolution no. 10 dated 8.1.1978. In 1979 the petitioner submitted a building construction plan for the said plot before the Society which was returned to the petitioner for modification, whereafter it was re -submitted after modification on 18.12.1980, which according to the Society, was approved on 15.2.1981 with a condition that construction should be completed within one year, failing which allotment shall be cancelled.