IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2341 of 2008 UMESHWAR SHARMA SON OF LATE SHYAMNANDAN SINGH RESIDENT OF VILLAGE- SONA, POLICE STATION- NAUBATPUR DIST.PATNA, AT PRESENT RESIDING AT SITARAM SADAN, MADARSA LANE, RAJA BAZAR, P.S. RAJBANSHI NAGAR IN THE TOWN & DIST OF PATNA. ….. PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE REGISTRAR, CO- OPERATIVE SOCIETIES, BIHAR, PATNA. 2. ADARSH SAHAKARI GRIH NIRMAN SAMMITEE LTD., DANAPUR, NEAR D.A.V. HIGH SCHOOL, GOLA ROAD, P.O. & P.S. DANAPUR CANTT., PATNA THROUGH ITS ADMINISTRAR, OFFICE OF ASSIST. REGISTRAR CO- OPERATIVE SOCIETIES, DANAPUR. 3. MANJU DEVI WIFE SRI HARENDRA PRASAD SINGH RESIDENT OF VILLAGE- BHAKHURA, P.O. PHARNA, DIST. ARA AT PRESENT RESIDING AT MOHALLA- NASARIGANJ, DIGHA, P.O. NASARIGANJ, P.S.- DIGHA, DIST- PATNA. ----------- 3. 11.01.2011 Heard learned counsel for the petitioner and the State. 2. Petitioner is the allottee of a plot by the Adarsh Sahkari Grih Nirman Sammitee Ltd. He is aggrieved by the order dated 8.6.2007/30.07.2007 passed in Miscellaneous case No. 66 of 2002, whereunder order dated 14.12.2001 passed by the Assistant Registrar, Co-operative Society, Danapur in Miscellaneous Case No. 01 of 2001, Annexure-3 has been set aside holding that allotment of the plot in favour of the petitioner and 31 others including the transfer deed was cancelled under orders dated 14.6.2001 passed in Miscellaneous Case No. 192 of 2000. It is submitted on behalf of the petitioner that 2 such statement of fact is wholly incorrect as the records of the Miscellaneous Case no. 192 of 2000 and the order dated 14.6.2001 passed therein was never produced before the Joint Registrar who passed the impugned order . It is also submitted that petitioner was also not given any opportunity to verify from the office of the District Co-operative Officer, Patna about the cancellation of the allotment of the plot under orders dated 14.6.2001 passed in Miscellaneous Case No. 192 of 2000. 3. Aforesaid submission that cancellation of the allotment of the plot made in favour of the petitioner and 31 others under orders dated 14.6.2001 passed in Miscellaneous Case No. 192 of 2000 has not been made by the District Co-operative Officer, Patna can be better appreciated after the persons affected place before the Joint Registrar the complete order sheet of the Miscellaneous Case No. 192 of 2000. Accordingly, this writ petition is disposed of directing the petitioner to obtain the certified copy of the complete order sheet of Miscellaneous Case No. 192 of 2000 and place before the Joint Registrar and if it does not appear that allotment of the plot made in favour of the petitioner has not been cancelled then due protection in terms of the provisions of the bye-lays be granted to him. 3 Appropriate order in this regard be passed by the Joint Registrar, Co-operative Society, as early as possible, in any case within one month of the production of the complete order sheet of the aforesaid miscellaneous case. Any construction made over the plot in question in the meanwhile shall be subject to the result of the order passed by the Joint Registrar. Ibrar/- (V.N. Sinha,J)