PATLIPUTRA CO OPERATIVE HOUSE CONSTRUCTION SOCIETY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Patliputra Co-operative House Construction Society, Ltd., hereinafter, for the sake of brevity, called the Society, the sole petitioner in this writ application, has obtained a rule from this Court under Articles 226 and 227 of the Constitution of India against the State of Bihar, respondent 1, the Registrar, Co-operative Societies. Bihar, respondent 1(A), Shri Mritunjay Prasad, respondent 2 and Shri Dhananjay Prasad Varma, respondent 3, to show cause why the order dated the 17th of January, 1972, a copy of which is annexure 5 to the writ application made by respondent 1(A) be not called up and quashed by grant of an appropriate writ. Cause has been shown by respondents 2 and 3 at the time of the hearing of the writ application; the former had filed a counter-affidavit also.

(2.) The petitioner Society was registered as a Co-operative Society under the Bihar and Orissa Co-operative Societies Act, 1935 (Bihar and Orissa Act VI of 1935), hereinafter called the Act, and the Rules framed thereunder. At the time of registration of the Society, its By-laws were also registered under the Act. The object of the Society has been acquisition of land and construction of houses for the members in accordance with the By-laws. On the 28th of December, 1961 Dr. Rajendra Prasad since deceased, father of respondents 2 and 3 applied for being admitted as a member of the Society. Along with his application he annexed a cheque for Rs. 525/- Rs. 25/-as the admission fee in acordance with bylaw 8 and Rs. 500/- for purchase of five shares as required by bylaw 11 as per bylaw, 10. The Board of Directors of the Society admitted him to the membership on the 7th of January, 1_962. Two 'E' type plots bearing Nos. 273 and 274 were allotted to him after amalgamation treating it as one plot. A consolidated price was charged and paid for it. Dr. Rajendra Prasad died on the 28th February, 1963. A joint petition on behalf of respondents 2 and 3 was filed to be treated as the legal heirs of Dr. Rajendra Prasad, and for transfer of his interest to them. A succession certificate was demanded from them but eventually that was given up as it was conceded that that was a worng demand. On the 11th of July 1964 respondents 2 & 3, under their own signatures, filed a joint petition before the Society (annexure 2) stating as follows--

(3.) The broad facts which are necessary for the decision of this case do not seem to be in dispute. Many other facts stated in the counter-affidavit need not be referred to. The question for consideration is whether the order of the Registrar of Co-operative Societies is erroneous in law or void and fit to be quashed by grant of a writ of certiorari.