ASHWANI KUMAR SINGH,J. - (1.) Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the respondent-society.
(2.) The petitioners confine their prayer in the writ petition for setting aside the order dated 13.02.2014/10.03.2014 passed by the learned Registrar Co-operative Societies whereby and whereunder he has held that the sanction accorded by the respondent society for construction of G+3 building to the petitioners on his plot no. A/6 at Vijay Nagar, Mauja-Rukanpura, Thana No. - 18 Rupaspur, Khata No. 85, Khesra No. 368 is itself illegal and irregular.
(3.) Mr. Shravan Kumar, learned Senior Advocate for the petitioners submitted that the dispute before the Registrar was not in respect of the construction upto G+3 storey. The only dispute raised by the society was in respect of the fourth floor constructed by the petitioners on the plot in question. The learned Registrar had also issued show-cause notice to the petitioners only in respect of illegality in construction of the 4th floor. However, while passing the impugned order, he has held that even sanction granted by the society for construction of a building upto G+3 storeys is illegal and irregular. He submitted that the learned Registrar went beyond the pleadings and passed an order against the petitioners even without affording any opportunity of hearing to them.;