IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.753 of 2009 4 12.1.2010 Bhola Prasad Chaudhary son of late Raj Karan Chaudhary resident of village Rahiyar, P.S. Rosera, District Samastipur through his attorney, Ravindra Kumar Acharya, resident of Mithila Colony, Rajeev Nagar, P.S. Rajeev Nagar, Patna-800024, Town & District Patna .... Petitioner/ Appellant VERSUS 1. The State of Bihar 2. Registrar, Cooperative Societies, Bihar, Patna 3. Additional Registrar (Planning) Cooperative Societies, Bihar, Patna 4. Deputy Registrar, Cooperative Societies, Patna Division, Patna 5. Mithila Sahkari Girih Nirman Samiti Ltd., Mithila Colony, Digha, Patna through its Administrator 6. Smt. Abha Mishra wife of Sri Tara Nath Mishra, resident of Mithila Colonuy, Nasariganj Digha, Patna 7. Tara Nath Mishra, Ex-Joint Secretary, Mithila Sahkari Girih Nirman Samiti Ltd. Mithila Colony, Nasariganj, Digha, Patna 8. Sri Rameshwar Jha, Ex-Secretary, Mithila Sahkari Girih Nirman Samiti Ltd. Mithila Colony, Nasariganj, Digha, Patna .... Respondents/ Respondents ------- For the appellant : Mr Ram Balak Mahto, Sr Advocate For the State : Mr Ritesh Kumar, AC to AAG I For respondent no.5: Mr Durganand Jha, Advocate For respondent no.6: Mr Gajendra Kumar Jha, Advocate ------- Being dissatisfied with the order passed by the learned Single Judge on 28.4.2009 in CWJC No.6724 of 2002, the present appeal has been preferred. Mr Ram Balak Mahto, learned Senior Counsel 2 for the appellant fairly stated that the learned Single Judge placing reliance upon the decision rendered in Smt. Swati Pande & Ors. V. The Registrar, Cooperative Societies, Bihar, Patna & Ors., 2007(2) PLJR 525, while observing that there is no power of cancellation of a registered sale deed vested in the Registrar of the Cooperative Department and such power exclusively vests with the Civil Court, has observed certain aspects, as a consequence of which the interest of the appellant may be affected. Having heard Mr Mahto, learned Senior counsel, Mr Ritesh Kumar, learned counsel for the State, Mr Durganand Jha, for respondent no.5 and Mr Gajendra Kumar Jha, for respondent no.6, it is clarified that the appellant is entitled in law to approach the Civil Court as per decision rendered in Smt. Swati Pande (supra) and the Civil Court shall decide the lis in accordance with law without being influenced by any of the observations made by the learned Single Judge. Neither the Society nor the contesting respondents shall rely on any observation of the learned Single Judge as the Civil Court has the exclusive 3 jurisdiction, as has been held by the learned Single Judge. Needless to emphasise that the defendants in the suit are entitled in law to raise all possible contentions as permissible in law. With the aforesaid clarification, the LPA stands disposed of. There shall be no order as to costs. (Dipak Misra,CJ) (Shiva Kirti Singh,J.) sk