IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.114 of 2006 BRAJENDRA PRASAD SON OF LATE ANANDI PRASAD RESIDENT OF MAIN ROAD, KHAGARIA P.O. P.S. AND DISTRICT KHAGARIA. Versus 1. THE BIHAR STATE HOUSING CO-OPERATIVE FEDERATION LTD. PATNA THROUGH THE CHAIRMAN, BAILEY ROAD, PATNA-1. 2. THE CHAIRMAN, BIHAR STATE HOUSING CO-OPERATIVE FEDERATION LTD., BAILEY ROAD, PATNA-1. 3. THE ADMINISTRATOR, BIHAR STATE HOUSING CO- OPERATIVE FEDERATION LTD., BAILEY ROAD, PATNA-1. 4. BASUDEO PRASAD VIDHATA, CONVENOR OF VIDHATA HOUSING COOPERATIVE CONSTRUCTION LTD. KHAGARIA. 5. RAJEEV KUMAR, SECRETARY, VIDHATA HOUSING COOPERATIVE CONSTRUCTION LTD. KHAGARIA. ----------- 2. 13.01.2011. Heard learned counsel for the petitioner and the counsel for the Bihar State Housing Cooperative Federation Ltd.(hereinafter referred to as the Federation). 2. Petitioner is the member of the Vidhata Housing Cooperative Construction Ltd., Khagaria. He applied for grant of loan of 67,000/- from the Federation, which was sanctioned on the basis of the recommendation of the authorities of Vidhata Housing Cooperative Construction Ltd., respondent nos.4 and 5. First instalment of 24,730/- was paid to him after he deposited the title deed with the authorities of the Federation. The other two instalments, although released by the Federation in favour of - 2 - Vidhata Housing Cooperative Construction Ltd. but the same was not paid to the petitioner. Later petitioner returned the loan amount of 24,730/- with interest to the Federation and receipt showing such payment is dated 2.11.1995 and 25.6.1997 contained in Annexure-3 to this application. Even after repayment of the loan amount by the petitioner the title deeds deposited by him with the Federation is not being returned to the petitioner on the ground that the authorities of Vidhata Housing Cooperative Construction Ltd. have not paid back the two instalments, which they received for payment to the petitioner but did not pay the petitioner. 3. Failure of respondent nos.4 and 5 to return back the amount of the two instalments of loan not released in favour of the petitioner is misconduct by the authorities of Vidhata Housing Cooperative Construction Ltd. for which petitioner, who has paid back the amount of first instalment cannot be penalized. The Federation is entitled to take action against the authorities of Vidhata Housing Cooperative Construction - 3 - Ltd., respondent nos-4 and 5 by raising a dispute before the Registrar, Cooperative Societies, Bihar, Patna but on account of failure of respondent nos. 4 and 5 to pay back the amount the title deed of the petitioner, which is in deposit with the Federation cannot be withheld by the Federation. Accordingly, I direct the petitioner to approach the Administrator of the Federation, who should revisit the account of the petitioner and if any amount of interest is not found due from the petitioner over the amount released, the title deeds be returned to the petitioner forthwith. In case, dues are found against the petitioner, fresh calculation chart/demand in the light of this order be served on petitioner, as early as possible, in any case within one month from the date of receipt/production of a copy of this order before respondent no.3. 4. With the observation aforesaid, the writ petition is disposed of. Rajesh/ (V.N.Sinha, J.)