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2002 DIGILAW 477 (JHR)

Udhwa Prakhand Nav-Yatayat Shawlambi Sahkari Samiti Ltd. v. State Of Jharkhand

2002-04-12

SUDHANSU JYOTI MUKHOPADHAYA

body2002
ORDER S.J. Mukhopadhaya, J. 1. The writ petition was preferred by petitioner, Udhwa Prakhand Nav Yatayat Swawlambi Sahkari Samiti Limited (Society for short) for commanding the Registrar, Co-operative Society, Jharkhand, Ranchi to make recommendation in favour of petitioner-society for being settled the ghats in the Sahibganj district for the year 2002-2003 for ferrying purposes as recommended by the Joint Registrar of the Co-operative Society by his letter dated 27.12.2001. 2. During the pendency of the writ petition, an intervention application No. 636/ 2002 was filed by Udhwa Prakhand Stanya Nao Yatayat Swawlambi Sahkari Samiti Limited (respondent-society for short) to implead them as party respondent No. 6 on the ground that the respondents Intended to settle the ferry ghats in its favour. The intervenor-society was impleaded as respondent No. 6 and the parties were heard. 3. The case of the petitioner is that the petitioner-society has already deposited the outstanding dues of Rs. 2,08,000/- and thus not a defaulter. It fulfils all criteria for settlement of ferry ghats in its favour. It is alleged that the respondent- society is a pocket society of Khairun Bibi in respect to which the petitioner-society has enclosed certain documents. On the other hand, according to respondent-society, it is not a pocket society but a society formed in accordance with law and is also eligible to get the settlement of ferry ghats in its favour. For last two years, the settlement stated to have been made in favour of respondent-society and there is no default on their part. 4. It is stated that both the petitioner-society and the respondent-society with a view to take part for settlement of ferry ghats have already deposited the reserve jama as per Courts order dated 21.3.2002. 5. The Registrar, Co-operative Society. Jharkhand, Ranchi in its counter affidavit has made the following statement : "That it is further stated that in the instant case apart from the petitioner another co-operative society of the same block namely Udhawa Prakhand Level Nav Yatayat Swawlambi Sahkari Samiti Ltd., Piyarpur has also applied for recommendation of respondent No. 2 vide letter No. 3/2002 dated 17.1.2002 for ferrying purposes. Therefore, under the circumstances no particular society can be given priority especially for the purpose of earning maximum revenue for the State by way of holding an auction. Therefore, under the circumstances no particular society can be given priority especially for the purpose of earning maximum revenue for the State by way of holding an auction. That it is not out of the place to mention rather necessary to State that rest of the important factors regarding the Cooperative Society, like Election. Audit Report and overall management, participation of members are also important issues and need to be looked into avoid any possibility of distortion and misuse of Co-operative Societies." 6. The Registrar, Co-operative Society has also enclosed the relevant circular contained in letter No. 470 dated 9.2.1998 (Annexure A). 7. In the facts and circumstances, as it is not possible for this court to determine as to whether one or other society is eligible and defaulter or not, the case is remitted to the Registrar, Co-operative Society, Jharkhand. Ranchi for determination. 8. The petit! oner-society and respondent-society both may appear through any of its agent before the Registrar. Co- operative Society, Jharkhand, Ranchi on or before 19th April, 2002. 9. The Registrar. Co-operative Society, Jharkhand, Ranchi will fix a date of hearing and after going through the objection of one or other party and the records, will determine as to whether one or other or both the societies being eligible to be recommended for settlement of ferry ghats in favour of one or other, within two weeks from the date of receipt/production of a copy of this order. 10. If both the societies are found to be eligible and not defaulter and their names are recommended, the Deputy Commissioner, Sahibganj will settle the ferry ghats on the basis of highest bid amongst the recommended Co-operative Societies. 11. In case, only one Cq-operative Society is found to be eligible and its name is recommended by the Registrar, Co- operative Society, the Deputy Commissioner, Sahibganj will settle it as per the notice. 12. The writ petition stands disposed of, with the aforesaid observations.