INDU BUILDERS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS writ petition has been preferred by the petitioner, Indu Builders through its Partner Sujit Lahiri, for issuance of appropriate writ, order or direction, particularly, a writ in the nature of certiorari for quashing the order dated 14th December, 2002 passed in Misc. Case No. 14 (AAJ 2002 by the Joint Registrar, Cooperative Societies, South Chhotanagpur Division, Ranchi, whereby and whereunder, the application filed by Respondent Nos. 4 and 5 has been allowed and the petitioner has been directed to hand over the flats measuring 911 Sft. and 1200 Sft. to the Respondent Nos. 4 and 5 respectively.

(2.) THE main plea taken by the petitioner is that the entire order dated 14th December, 2002 passed by the Respondent No. 2 against the petitioner is absolutely illegal and without jurisdiction.

(3.) THE counsel for the petitioner relied on a Division bench decision of this Court dated 3rd March, 2003 passed in W.P. (C) No. 4375 of 2002, [See Ashiana Housing and Finance (India) Ltd. v. State of Jharkhand, 2003 (2) JCR 188 (Jhr)], wherein taking into consideration the relevant facts of the said case, the Court held that the Registrar, Cooperative Societies, as far as Section 48 of the Bihar Cooperative Societies Act, 1935 is concerned, has no jurisdiction whatever to deal with respect to the sell of land to a third party, nor has jurisdiction to pass order against such third party to whom land was sold.