- (1.) Supplementary affidavit by learned counsel for the petitioner, be taken on record.
(2.) Heard Sri Rajiv Joshi, learned counsel for the petitioner and Sri H.R. Mishra, learned Senior Counsel assisted by Sri Rajeev Sawhney, learned counsel for respondent nos. 4 & 5.
(3.) The award passed by the arbitrator under Section 70/71 of the U.P. Co-operative Societies Act, 1965 and the order passed in appeal under Section 97/98 of the Co-operative Societies Act, 1965 are under challenge by the petitioner on the grounds that the arbitrator had no jurisdiction to declare a registered document void under Section 70/71 of the Co-operative Societies Act. It was an ex-parte award and the principles of natural justice have been violated with impunity. An effort has been made to challenge the award on merits by saying that the registered sale deed has been executed with regard to plot no. B-26 (area 200 sq. yards) by the President of the Society after receiving full and final sale consideration and the petitioner has also paid the stamp duty. It is stated that there was a surplus land measuring 182 sq. yards numbered as plot no. B-28 which is adjoining to the plot no. B-26 and is in a triangular shape. No member of the society was ready to take that odd sized triangular plot, therefore, the petitioner was allotted the land of adjacent plot no. B-28 in view of his application for allotment. As plot no. B-28 has been merged into plot no. B-26 and hence the total area of 382 sq. yards was allotted to the petitioner and the registered sale deed dated 13.6.2006 was executed in respect of plot no. B-28 for a total sale consideration of Rs. 3,36,000/-.;