- (1.) THIS appeal is directed against the judgment and order dated 17th July, 2003 passed by learned single Judge in CWJC No. 12358/2000 and raises certain interesting question relating to the provisions of the Bihar Co -operative Societies Act, 1935 and the Rules framed thereunder.
(2.) THE predecessor -in interest of the appellants, late Anil Kumar Sinha, as an employee of the A. G. Office had been posted at Ranchi and since he fulfilled all the requirements he was enrolled as a member of the A. G. Office Employees Co -operative House Construction Society Ltd. with its area of operation confined to Ranchi and its immediate vicinity within a radius of 5 miles. Subsequently, on account of the fact that late Anil Kumar Sinha did not raise any construction on the plot which had been allotted to him as a member, the allotment made in his favour was cancelled by the Society by its order dated 14 -11 -1994. Being aggrieved thereby, Anil Kumar Sinha filed a Dispute Case before the Assistant. Registrar of Co -operative Societies, Ranchi and the same was numbered as Dispute Case No. 2/95. The same was ultimately dismissed by the said authority on 30 -3 -1996 upon various findings including the finding that the applicant had violated the provisions of Rule 10 of the Bihar Co -operative Societies Rules, 1959, by having acquired the membership of a similar society based in Patna and having constructed a house on a plot allotted to him by the said Society at Patna.
(3.) ANIL Kumar Sinha thereafter moved before the appellate authority under the Bihar Co -operative Societies Act and such appeal was registered as Appeal Case No. 100/96. The said appeal was disposed of on 7 -11 -2000 by the appellate authority by affirming the order passed by the Assistant Registrar of Co -operative Societies. Ranchi. It may be indicated that while disposing of the appeal, the appellate authority referred to the submissions made on behalf of Cooperative Society, respondent No. 6 herein, with regard to the violation by the appellant of Rule 10 of the aforesaid Rules.;