The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No. 1544 of 2012 --- Purabdih Matsyajeevi Sahyog Samiti Ltd., Ramgarh through Its President Lakhan Mahto --- --- Petitioner Versus 1. The State of Jharkhand 2. Registrar, Cooperative Society, Jharkhand 3. District Cooperative Officer, Hazaribagh 4. Assistant Registrar & District Cooperative Officer, Hazaribagh 5. District Fisheries Officer, Ramgarh 6. Gola Matsyajeevi Sahyog Samiti Ltd. through --- Its President Arbind Kumar Choudhary --- Respondents ----
Legal Reasoning
CORAM: HON’BLE MR. JUSTICE AMBUJ NATH --- For the Petitioner: For the Resp.-State: For the Respondent No.6: Ms. Shruti Shekhar, Advocate Mr. Sameer Saurabh, Advocate Mr. Ajay Kr. Jha, A.C to G.P-VI ---- 25/23.04.2024 Petitioner Purabdih Matsyajeevi Sahyog Samiti Ltd., Ramgarh has filed this application for quashing of the Memo No. 1555 dated 09.07.2011, by which, all the area of operation of the petitioner Purabdih Matsyajeevi Sahyog Samiti Ltd., Ramgarh was cancelled by the Respondent No. 2-Registrar, Cooperative Society, Jharkhand. 2. Petitioner is a registered cooperative society under the Bihar Cooperative Societies Act, 1935 and was registered on 11.03.1985. The area of operation under the registered bye-laws of the petitioner included (i) Barlanga, (ii) Sondimra, (iii) Purabdih (iv) Sangrampur (v) Betulkala (vi) Sosokala (vii) Gola and (viii) Maganpur. Respondent No. 6 - Gola Matsyajeevi Sahyog Samiti Ltd. was working in the block of Gola and dispute arose regarding the area of operation with regard to both the Cooperative Societies. The Respondent No.2-Registrar, Cooperative Society, Jharkhand issued a letter to the District Cooperative Officer, Hazaribag vide letter no. 1566 dated 13.09.2003 (Annexure-2), directing the District Cooperative Officer, Hazaribag (Respondent No. 3) to demarcate the area of operation of both the societies. Pursuant to the said letter, and after making inquiry, report was submitted to the Respondent No. 2 – Registrar, Cooperative Society, Jharkhand vide letter no. 26 dated 12.01.2004 (Annexure-3), stating that it has demarcated the area of operation of the petitioner and that of Gola Matsyajeevi Sahyog Samiti Ltd. By the said report, Panchayats were allocated to Gola Matsyajeevi Sahyog Samiti Ltd. and eight Panchayats were allotted to the petitioner Purabdih Matsyajeevi Sahyog Samiti Ltd. It appears that Sosokala Panchayat was removed from the area of operation of the 2 petitioner Purabdih Matsyajeevi Sahyog Samiti Ltd. and in its place, Barlanga Panchayat was included and Sosokala Panchayat was included in the area of operation of Gola Matsyajeevi Sahyog Samiti Ltd. In light of the recommendation made by the Respondent No. 3 – District Cooperative Officer, Hazaribag, the Respondent No. 2- Registrar, Cooperative Society, Jharkhand, Ranchi issued a letter being letter no. 431 dated 08.04.2004 (Annexure-4) by which both the societies were directed to amend the area of their operation mentioning eight Panchayats of the block allocated to them. It appears that the petitioner Purabdih Matsyajeevi Sahyog Samiti Ltd. convened the governing body meeting and amended its bye-laws including eight Panchayats which were allocated to them and minutes of the meeting were placed before the Respondent No. 2 – Registrar, Cooperative Society, Jharkhand, Ranchi. Thereafter, the Respondent No. 4 – Assistant Registrar, District Cooperative Society, Hazaribag issued a certificate of registration of the amendment in terms of section 25 of the Act of 1935 on 24.05.2005 (Annexure-9) including Barlanga in the area of operation of the petitioner and removing Sosokala from its operation. Vide Memo No. 1555 dated 09.07.2011 (Annexure-12), the entire area of operation of the petitioner was cancelled by the Respondent No. 2-Registrar, Cooperative Society, Jharkhand ignoring the fact that the petitioner had carried out the required amendment of bye-laws by including eight Panchayats which were included in the area of operation. Accordingly, it has been prayed that Memo No. 1555 dated 09.07.2011 (Annexure-12) and Memo No. 205 dated 01.08.2011 (Annexure-13) by which the Respondent No. 5-District Fisheries Officer, Ramgarh has cancelled the settlement of all ponds made with the petitioner for the period 2011-12 to 2013-14 be quashed. 3. Learned counsel for the Respondents submitted that the area of operation of the petitioner was cancelled by the Respondent No. 2 as the Respondent No. 4-Assistant Registrar and District Cooperative Officer, Hazaribag had issued a certificate of registration of the amendment in terms of section 25 of the Act of 1935 on 24.05.2005 which he was not authorized to issue. Attention has been drawn towards the provisions of section 25 (2) of Bihar Cooperative Societies Act in which it has been provided that no amendment of bye-laws of registered society shall be valid, until the amendment has been registered under this Act. Attention has also been drawn towards Annexure-2 letter dated 13.09.202, by virtue of which, the Respondent No. 2- Registrar- Cooperative Society, Jharkhand informed that the petitioner cooperative society has called a general body meeting and has made necessary amendment with regard to their area of operation in their bye-laws. Attention was also drawn towards Annexure-9 which is a letter dated 24.05.2005, issued by the Respondent No. 4- 3 Assistant Registrar, District Cooperative Society, Hazaribag that amendment as carried out aforesaid was registered, according to section 25 of the Act. 4. The bone of contention is that the Respondent No. 4-Assistant Registrar, District Cooperative Society, Hazaribag was not authorized to register the amendment carried out by the petitioner in their bye-laws, modifying their area of operation. 5. Learned counsel for the petitioner has drawn attention towards the averment made at para-7 of their supplementary counter affidavit dated 15.03.2024 in which it has been admitted by the Respondent that vide notification issued on 03.08.2004 contained in Memo No. 1228- 1230, the power including the authority under section 25 of the Bihar Cooperative Societies Act is conferred upon the Assistant Registrar. Copy of the Memo No. 1228- 1230 dated 03.08.2004 is also annexed in the supplementary counter affidavit, from perusal of which, it appears that the Assistant Registrar, District Cooperative Society has been empowered to function and exercise power assigned to the Registrar, Cooperative Society, Jharkhand. 6. In view of the aforesaid notification, it is apparent that the Assistant Registrar is authorized to perform the function and duty which has been assigned to the Registrar, Cooperative Societies, Jharkhand and the registration of the amendment carried out was not beyond his jurisdiction. In view of the aforesaid facts, the Memo No. 1555 dated 09.07.2011 (Annexure-12) and Memo No. 205 dated 01.08.2011 (Annexure-13) are quashed. 7. This writ application is allowed.
Decision
Pending I.A (s), if any, stands disposed of. Ranjeet/ Uploaded (Ambuj Nath, J.)