Sujit Narayan Prasad, J. - (1.) The matter has been heard through video conferencing with the consent of the learned counsel for the parties. None of the parties has raised any complaint regarding audio and visual quality.
(2.) The instant intra-court appeal is against the order dated 13.12.2017 passed by the learned Single Judge of this Court in W.P.(C) No.1995 of 2015, whereby and whereunder the writ Court was declined to interfere with the order as contained in Memo no.970/Ranchi dated 30.03.2013 passed by the Registrar, Co-operative Society, Jharkhand, whereby the letter No.SSGNS-7 dated 25.03.2012 had been set aside and the petitioner was directed to execute the sale deed as per the terms and conditions mentioned in the allotment letter dated 05.11.1988, as also declined to interfere with the order dated 10.01.2014 corresponding to Memo No.160/Ranchi dated 15.01.2014, whereby the review petition of the petitioner under Section 48(7) of the Jharkhand Co-operative Society Act, 1935 (hereinafter referred to as 'the Act', 1935) was dismissed.
(3.) The brief facts of the case, as per the pleadings made in this appeal, read as under: The respondent no.5 namely, Shri Shyamnandan Prasad became the member of the society. On 28.11.1988, the appellant entered into an agreement with Smt. Mundrika Devi wife of Sri Dashrath Lal for purchasing land situated at village Ranchi, Thana Ranchi, Thana no.205, Pargana Khukra, Municipal Survey 1932-33, Ward no.III, Khata No.9, Plot No.MS 307 and RS 707. The Plot no.307/F was provisionally allotted to the respondent no.5 after receiving an amount of Rs.25,541/-. The appellant has claimed that the respondent no.5 did not pay installment in time and as such, the Secretary of the appellant-society namely, Braj Bhushan Sinha wrote letter to the respondent no.5 on 17.01.1989 indicating that in spite of repeated requests, respondent no.5 did not comply the terms and conditions of the allotment letter. The appellant-society again wrote a letter to the respondent no.5 on 07.05.1990 requesting therein to make payment of the rest amount by 20.05.1990. The appellant-society, thereafter issued second allotment letter dated 06.09.1990 in favour of the respondent no.5 cancelling the previous allotment letter. On 28.11.1991, the respondent no.5 issued authorization letter to one Chandrama Singh to recover the amount from Braj Bhushan Sinha paid by him earlier. The appellant also issued legal notice on 06.05.1997 to the respondent no.5 and directed to comply with all necessary formalities in order to execute the sale deed effectively. The appellant had issued letter dated 08.09.2011 addressed to the respondent no.5, calling explanation from him, which was replied by the respondent no.5 on 11.11.2011. However, vide letter dated 25.03.2012, the appellant in exercise of power conferred under section 41(A) of the Bye-Laws of the society and Rule 14 (2) of Jharkhand Co-operative Societies Rules, 1959 cancelled his membership as also the allotment of the plot, and further the amount so deposited by way of advance in lieu of allotment had been decided to be adjusted and rest of the amount, if any, was recovered by way of loan. Sri Shyamnandan Prasad, respondent no.5 to this appeal had preferred an application before the Registrar, Co-operative Societies, Jharkhand, Ranchi, invoking the jurisdiction conferred to him under Section 48(1) of the Bihar Co-operative Societies Act, 1935 registered as Miscellaneous Case No.10 of 2012. The appellant had appeared before the Registrar, Co-operative Society being called upon and contested the case and thereafter, the Registrar, Cooperative Societies, Ranchi had passed order on 30.03.2013, against which a review petition had been filed under the provision of Section 48(7) of the Jharkhand Societies Act, 1935 on 14.05.2013 being Review Case No.14 of 2013 but the same was also dismissed vide order dated 10.01.2014, against which the writ petitioner-appellant preferred a writ petition before this Court under Article 226 of the Constitution of India which was contested by the writ petitioner-appellant but the learned Single Judge of this Court dismissed the writ petition with a direction to the Jharkhand Co-operative Societies, which is the subject matter of the intra-court appeal. ;