S.J.MUKHOPADHAYA,J. - (1.) THIS writ petition has been preferred by the petitioner, Indu Builders through its Partner Sujit Lahiri, for issuance of appropriate writ, order or direction, particularly, a writ in the nature of certiorari for quashing the order dated 14th December, 2002 passed in Misc. Case No. 14 (AAJ 2002 by the Joint Registrar, Cooperative Societies, South Chhotanagpur Division, Ranchi, whereby and whereunder, the application filed by Respondent Nos. 4 and 5 has been allowed and the petitioner has been directed to hand over the flats measuring 911 Sft. and 1200 Sft. to the Respondent Nos. 4 and 5 respectively.
(2.) THE main plea taken by the petitioner is that the entire order dated 14th December, 2002 passed by the Respondent No. 2 against the petitioner is absolutely illegal and without jurisdiction. According to the petitioner, it is a partnership firm having its office at Jamshedpur and carries out business as consultant, architect, builders, interior designer and valuer. The Jay Prabha Sahakari Grih Nirman Samiti Limited, Kadma, Jam -shedpur (for short -Housing Cooperative Society) of which the Respondent No. 3 is the Administrator is a registered Cooperative Society. The said Housing Cooperative Society being desirious to construct a Housing Colony for its members, acquired lands measuring 3.1 acres together with small huts, pucca building and little part of agricultural lands in Plot No. 1515, Khata No. 6 corresponding to new Plot Nos. 2713; 2715; 2716; 2718; 2719; 2710; 2721 and 2722 recorded in Ward No. 2, Jamshedpur Notified Area in Mouza and P.S. Kadma, Thana No. 1160 in Jamshedpur. The Respondent No. 3 being interested in construction of a Housing Colony, approached the petitioner to plan a suitable lay out of a Housing Complex of the said land, carve out plots as specific and to construct flats. An agreement was reached between the petitioner and the Respondent No. 3 and it was agreed that after construction of flats, the petitioner would hand over eight flats of 1600 Sft; four flats of 1250 Sft. and 13 flats of 1100 Sft to the Respondent No. 3 and further some plots to them. The agreement is a simple building construction agreement and the petitioner has no concern with the members of the Housing Cooperative Society. There is no brevity of contract between the petitioner and the members of the Respondent No. 3, Housing Cooperative Society. It is alleged that on the complaint/ application filed on behalf of Respondent Nos. 4 and 5 before the Respondent No. 2 alleging, inter alia, that they were entitled to get flats, free of cost, but the same having not been given to them, a Misc. Case No. 14 (AA)/ 2002 was registered wherein direction was issued to hand over flats to Respondent Nos. 4 and 5, vide order dated 14th December, 2002.
(3.) THE counsel for the petitioner relied on a Division bench decision of this Court dated 3rd March, 2003 passed in W.P. (C) No. 4375 of 2002, [See Ashiana Housing and Finance (India) Ltd. v. State of Jharkhand, 2003 (2) JCR 188 (Jhr)], wherein taking into consideration the relevant facts of the said case, the Court held that the Registrar, Cooperative Societies, as far as Section 48 of the Bihar Cooperative Societies Act, 1935 is concerned, has no jurisdiction whatever to deal with respect to the sell of land to a third party, nor has jurisdiction to pass order against such third party to whom land was sold.;