AJIT KUMAR SINGH Vs. REGISTRAR

JUDGEMENT

(1.) This writ petition is under Article 226 of the Constitution of India wherein the order as contained in Memo no.940 dated 22.04.2016 as also the order contained in Memo no.3205 dated 17.11.2017 passed by the Registrar Co-operative Society, Jharkhand, Ranchi is under challenge.

(2.) The brief facts of the case of the petitioner is that since the land in question was allotted in his favour on payment of Rs.18,500/- as per the lottery held on 17.08.1988 by the Bokaro Industrial Area Development Authority and thereafter the subsequent money has also been deposited. The allotment letter was issued on 16.02.1993 and after its allotment the construction work was also started, but in the meanwhile a miscellaneous case was filed by the erstwhile allottee, Shri Kedar Nath Pathak being Misc. Case No.65 of 1993 for quashing of the order of cancellation of allotment of the plot in question which was allotted in his favour on 16.02.1993 although at para 9 of the writ petition it has been stated that allotment has been made on 17.08.1988. Against the order of cancellation of the allotment which has been allotted in his favour, the Joint Registrar, Co-operative Societies, Bihar, Patna rejected the miscellaneous case against which an appeal was preferred being Appeal Case No.06 of 2010. The Registrar, Co-operative Societies, Ranchi after looking to the enquiry report as also considering the violation of principle of natural justice since prior to cancellation of allotment in favour of Kedar Nath Pathak, no notice was issued and hence quashed the order passed by the Joint Registrar, Co-operative Societies, Bihar, Patna in Misc. Case No.65 of 1993 against which a review was preferred by the petitioner before the said authority being Review Case No.17 of 2016 but the Registrar, Co-operative Societies, Jharkhand, Ranchi which has not been entertained having come to the conclusion that no new fact has been brought on record, warranting the authority to exercise the power of the review against these two issues present writ petition has been filed.

(3.) Learned counsel for the petitioner by submitting that the Registrar, Co-operative Societies, Jharkhand has not considered the factual aspect in right prospective, according to him notice has also been given to the respondent no.4, namely Kedar Nath Pathak but it has wrongly been pleaded that no notice was given to him and on the basis of that conclusion has been arrived out by the said authority of violation of principle of natural justice.