S. B. Sinha, J. - (1.) Leave granted.
(2.) This appeal is directed against the judgment and order dated 6.1.2006 of the Division Bench of the Jharkhand High Court in Letters Patent Appeal No. 101 of 2004 whereby and whereunder it was directed: "Having heard the parties, we are of the view that this Court having become functus officio, after disposal of the appeal, is not required to decide any question in the present appeal, but only with a view to enable the competent authority to pass order under Section 41 of the Co-operative Societies Act and the other related provisions of the said Act and to find out whether nullification of some of the allotments is to be made or any appropriate steps in that behalf will have to be taken, the case is remitted to the competent authority i.e. Registrar, Co-operative Societies, Government of Jharkhand, Ranchi, who will not rely on the earlier report, submitted by the Registrar, Co-operative Societies, Government of Jharkhand, Ranchi, having been superseded by the report, submitted by Mr. Justice (Retd.) Vikramaditya Prasad. The Registrar, Co-operative Societies, Ranchi, will look into the enquiry report and after giving opportunity to the appellants and other necessary parties, will determine the question as to what action, if any, is required to be taken in accordance with law, preferably within four months from the date of receipt/production of a copy of this order. It will be open to the appellants to point out the defect, if any, in the enquiry report, submitted by Mr. Justice (Retd.) Vikramaditya Prasad. The Registrar, Co-operative Societies, will apply its independent mind and will determine as to whether he will differ with the enquiry report or will accept the same or part thereof and what action is required to be taken under the law. No further order is required to be passed in the present case."
(3.) Lands were acquired in the year 1970 for the benefit of the members of Respondent No.1-Society. It is stated that in the year 1983 by purported amendments carried out in the Rules, outsiders were also allowed allotment of lands by the said Society. When the question whether such amendments should be permitted or not was pending consideration before the competent authorities, serious irregularities by the members of the Managing Committee were pointed out. An inquiry was directed to be made by the Joint Registrar of Co-operative Societies on the intervention of the Chief Secretary of the State. The said authority submitted its report. On the basis of the said report, the Managing Committee of the Society was placed under suspension.;