IN THE HIGH COURT OF JUDICATURE AT PATNA OCR. MISC (DB) No.21 of 1997 IN THE MATTER OF INITIATING CONTEMPT PROCEEDING THE OFFICE Versus CO-OPERATIVE SOCIETY & ORS ----------- 14 11.092008 We made best efforts, as could be made by us, in order to resolve the controversy between the parties in an appropriate and legal manner. However, we confess, we have failed. A Member of a Co-operative Society approach the Registrar, Co-operative Societies, with a dispute that the Co-operative Society, of which he was a member, despite having allotted a plot of land in his favour, is not handing over physical possession of the same, nor is making any effort to transfer the same. The Co-operative Society, though accepted the allotment, but contended that having regarded to land actually available, the allotment cannot be honored. The Registrar, Co-operative Societies, however, directed enforcement of the original allotment and accordingly, passed an award. The award was put into execution, but despite best efforts, the Registrar, Co-operative Societies, could not execute the award. In consequence thereof, the Registrar Co-operative Society reported to this Court that the - 2 - respondents in the proceeding for execution of the award have interfered with the administration of justice. On such report, the present criminal contempt was initiated. Inasmuch as the Registrar, Co-operative Societies, by an order superseded the Board of Directors of the Co- operative Society in view of resistance by the Co-operative Society to execution of the said award, the said action on the part of the Registrar, Co-operative Societies, was challenged by filing a writ petition, when the present contempt application was pending. On the said writ petition, a stay was granted. When grant of stay was noticed by this Court, this Court adjourned the hearing of the contempt. During the pendency of the hearing of the contempt, the said writ petition was disposed of, whereby the order of supersation of the Board of Directors of the Co-operative Society had been quashed and the award also had been modified by setting aside the original allotment, but with a direction to allot one of the three plots mentioned in the order of the writ court to the Member of the Co-operative Society, who obtained the said award. Even now, the said Member has not been allotted any plot of land, on the contrary it has come on record that - 3 - the said member has been removed by the Co-operative Society from its membership. Inasmuch as the original award is no longer there and the same stands modified by a judgment and order rendered by this Court in its constitutional writ jurisdiction, we were not in a position to enforce the original award for which the instant proceedings had been initiated, but having regard to the fact that this Court in its constitutional writ jurisdiction directed allotment of some other plot of land in favour of the said member of the Co-operative Society, we made all out efforts to sort out the differences between the parties, but, as indicated above, we have miserably failed. Under the circumstances, the purpose of the present application has come to an end. We, accordingly, close the matter, with liberty to the said member of the Co-operative Society in question to take such recourse to law as he may be advised. There shall be no order as to costs. Jay/ (Barin Ghosh,J) (C.M.Prasad,J)