Braj Mohan Prasad vs State Of Bihar And Ors

Heard learned counsel for the petitioner and learned AC to AAG-2 for the State.

The petitioner has moved the court for quashing of order dated 28.01.2019/04.02.2019 passed by the Deputy Registrar (Headquarter), Co-operative Societies, Bihar, Patna in Misc. Case No.106 of 2017 by which the case filed by the petitioner was dismissed with the observation that he should move before the Civil Court of competent jurisdiction and further for quashing of order dated 30.04.2019 passed in Appeal Case No.41 of 2019 by which challenge to the order dated 28.01.2019/04.02.2019 has been rejected.

The petitioner had moved before the authority for a direction to register the sale deed in favour of the petitioner of a double storied house with appertaining the land. It was further prayed that the possession of the petitioner be also restored of part of the appertaining land. By the orders impugned, the authorities have held that as it requires cancellation of the sale deed in favour of other person, the power can be exercised only by a civil court and thus the matter has been closed with observation that the petitioner may move before the Civil Court.

Learned counsel for the petitioner submitted that the land belongs to the cooperative society and the transfer to a private person is not in accordance with law. However, on the direct query of the court as to how, right or wrong, once sale deed has already been executed with regard to the same land, the authority can order for re-registration without setting aside of the first sale deed, learned counsel was not in a position to assist the court or had any reply.

Having regard to the aforesaid, the court finds no error in the orders impugned. Thus, application stands disposed off with liberty to the petitioner to take steps in accordance with law, in terms of the order impugned.

It goes without saying that the same shall be considered on its own merit, in accordance with law, without being prejudice by the present order.