Rajesh Shankar, J. - (1.) Heard the learned counsel for the parties.
(2.) The present writ petition has been filed for quashing the order contained in Memo No. 970/Ranchi dated 30.03.2013 passed by the Registrar, Cooperative Societies, Jharkhand, Ranchi (respondent no. 3), whereby the letter no. SSGNS17 dated 25.03.2012 has been setaside and the petitioner has been directed to execute the saledeed as per the terms and conditions mentioned in the allotment letter dated 05.11.1988. The petitioner has also prayed for quashing 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 Cooperative Societies Act, 1935 (hereinafter referred to as "the Act, 1935") has been dismissed.
(3.) The factual background of the case as stated in the writ petition is that the respondent no. 5 namely, Shri Shyamnandan Prasad became the member of the petitionerSociety on 05.11.1988. The petitionerSociety entered into an agreement with Smt. Mundrika Devi, wife of Sri Dashrath Lal for purchasing about 20 Katthas land of village Ranchi, Thana Ranchi, Thana No. 205, ParganaKhukhra, Municipal Survey 193233, Ward No. III, Khata No. 9, Plot Nos. MS307 and RS707 on 28.11.1988. Thereafter, the Plot No. 307/F was provisionally allotted to the respondent no. 5 after receiving payment of Rs. 25,541/-. The petitioner has claimed that the respondent no. 5 did not pay installments in time and then the Secretary of the petitioner namely, Braj Bhushan Sinha wrote letter to the respondent no. 5 on 17.01.1989 indicating that in spite of repeated request, the respondent no. 5 did not comply the terms and conditions of the allotment letter. The petitionerSociety again wrote a letter to the respondent no. 5 on 07.05.1990 and requested him to make payment of the rest amount by 20.05.1990. The petitioner issued second allotment letter dated 06.09.1990 to the respondent no. 5 cancelling the previous allotment letter. On 28.11.1991, the respondent no. 5 issued an authorization letter to one Chandrama Singh to recover the amount from Braj Bhushan Sinha paid by him earlier. The petitioner also issued legal notice on 06.05.1997 to the respondent no. 5 and directed to comply all necessary formalities in order to execute the saledeed effectively in his favour. The petitioner issued a letter on 08.09.2011 to the respondent no. 5 calling an explanation from him which was replied by the respondent no. 5 on 11.11.2011, however, vide letter dated 25.03.2012, the petitioner in exercise of power under Section 41(A) of the byelaws of the Society and Rule 14(2) of the Jharkhand Cooperative Societies Rules, 1959, cancelled his membership and allotment of the plot. The respondent no. 5 filed an application under Section 48(1) of the Act, 1935 in the court of Registrar, Cooperative Societies, Jharkhand (the respondent no. 3), vide Miscellaneous Case No. 10 of 2012 which was allowed vide order dated 30.03.2013 with a direction to the petitioner to execute the saledeed in favour of the respondent no. 5 in terms of the letter of allotment dated 05.11.1988. The petitioner filed an application under Section 47(7) of the Act, 1935, vide Review Case No. 14 of 2013, however, the same was dismissed on 10.01.2014 which gives rise to filing of the present writ petition.;