Bihar State Housing Co-operative Federation Ltd. v. Achaibat Sah
2004-04-07
RAVI S.DHAVAN, SHASHANK KR.SINGH
body2004
DigiLaw.ai
Judgment 1. The order of 5 March, 2004 has been challenged in C.W.J.C. No. 8263 of 2003 (Achaibat Sah vs. Managing Director, Bihar State Housing Co-operative Federation Ltd.). The order has been challenged by the respondent Bihar State Housing Co-operative Federation Ltd. (hereinafter referred to as the Federation). 2. The entire aspect cannot be seen in isolation but for two earlier orders of this court on the writ petition dated 24 July, 2002 and 4 March, 2004. The order of 24 July 2002 is mentioned in the impugned order itself. 3. The 24 July, 2002 order, in effect, had directed that the sale deed of the petitioner ought to be released. Notices were issued. The direction of the court was that in case the respondent-Federation has not filed a statutory appeal then it may do so during the pendency when notices had been issued. This was the first hint of the court hearing the writ petition that there was a statutory appeal which the Federation could file and had not done so. By the time 4 March 2004 came. The respondent-Federation was headless. It was without an administrator. The functions of the. administrator were being managed by the Managing Director. For whatever reasons, if the Federation itself had no administrative control, then the High Court has nothing to do with the matter. In the impugned order all that happened was that the petitioner-appellant was permitted to receive the sale deed under the direction of the court and the second aspect noticed is that the Federation had every occasion to file a statutory appeal but it did not do so. In the circumstances, the respondent-Federation has no case as it did not want to present a case in an appeal, which was provided and it would not utilize it. 4. It appears that this appeal has been filed merely to take care of the last paragraph of the order of cost of Rs. 5000/-which is to be paid by the Managing Director of the Federation from his pocket. When the court indicated to learned counsel that this Rs. 5000/- could be made Rs. 10,000/- then he made a statement that he may be permitted to withdraw the appeal. 5. Dismissed.