Dismissed

Govind Jha v. State Of C.g. and Ors.

Chhattisgarh HC15 Oct 2024WPC/1375/2013

Case brief

AI extract

What is this about?

Writ petition challenging the dismissal of the petitioner's revision before the Cooperative Department, which held that the dispute over construction on a lane fell within civil court jurisdiction and not that of cooperative authorities. The High Court dismissed the petition, concurring that the cooperative authorities lacked jurisdiction.

What the court decided

AI extract

Govind Jha Vs State Of C.g. and Ors. — Cooperative Societies | Chhattisgarh HC (2024)

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2024:CGHC:40765

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Digitally signed by RAGHVENDRA JAT Date: 2024.10.24 16:38:26 +0530

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 1375 of 2013

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Govind Jha S/o Durganand Jha Aged About 58 Years R/o Plot No. 455, Samta Colony, Raipur, Tahsil-Raipur, Civil And Revenue Distt-Raipur, Chhattisgarh, P.S.-Civil Line.

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---- Petitioner

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versus

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State of C.G. through Secretary, Cooperative Department, Mahanadi Bhawan, New Raipur, P.S.- New Raipur, Civil And Revenue Distt Raipur, Chhattisgarh.

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Smt. Shashi Agrawal Wd/o Kailash Agrawal R/o Samta Colony, Raipur, Civil And Revenue Dist Raipur, Chhattisgarh, P.S.-Civil Lines.

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Samta Grih Nirman Sahkari Samiti Maryadit, through Its President, Chirhuldih, Raipur, Civil And Revenue Distt Raipur, Chhattisgarh.

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---- Respondents

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For Petitioner	: Mr. Manoj Paranjape and Mr. A.D. Diwan, Advocates.
For Respondent-	: Mr. Arvind Dubey, G.A.
State
For Respondent	: Mr. Dinesh Yadav, Advocate on behalf of
No. 3	Mr. Rajendra Tripathi, Advocate.

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Hon’ble Mr. Justice Amitendra Kishore Prasad

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Order on Board

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16/10/2024

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The petition is aggrieved with the order dated 09.04.2013 passed by the Co-operative Department, State of Chhattisgarh, Raipur (C.G.) by which his revision has been dismissed holding that the reliefs sought by the petitioner relates to Civil Jurisdictional Court and the Co-operative Courts and Tribunals are not having authority and jurisdiction to pass orders in respect of the relief claimed by the petitioner as such the State Government has dismissed the revision filed by the petitioner while confirming order dated 31.03.1998 & 21.05.2008 passed by the Sub Registrar, Co-operative Societies and Joint Registrar, Cooperative Societies respectively.

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In some and substance the petitioner is aggrieved by the acts of respondent authorities by which they have constructed upon a lane on the some of portion of land allotted to him as alleged by the petitioner and the petitioner is seeking relief injuncting the respondents from making construction over the lane and to vacate the said land.

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The petitioner has prayed the following reliefs are as under:-

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“10.1 That, this Hon'ble Court may kindly be pleased to set-aside the impugned order dated 09.04.13 passed by respondent no. 1 passed in Revision Case no. 78/07/2012 in the matter of "Govind Jha, V/s Smt. Shahshi Agrawal & anr "(Annex P-1).

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10.2 That, this Hon'ble Court may kindly be pleased to issue a writ/writs, order/orders, direction/directions to the respondents to consider the case of the petitioner on merits.

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10.3 That, the Hon'ble Court may kindly be pleased to grant any other relief, which it deem fit and proper in the facts and circumstances of the case”.

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The petitioner was allotted plot no. 455 admeasuring 2400sqft (60x40) by the respondent No.3. The adjacent land beside the plot of the petitioner i.e. 30ft wide road was allotted as Plot No. 456A to one Mr. Kailash Agrawal, In May, 1994 Kailash Agrawal, husband of respondent No.2 began construction over the said land. An application was submitted in the office of the Joint Director, Town & Country Planning, Raipur by the Manager-incharge of the respondent No. 3 for the correction of the map/layout of the society. An application u/s 64 of the Cooperative Societies Act, 1960 was presented before the Deputy Registrar, Cooperative Societies, Raipur by the petitioner. Reply to the application of Manager-in-charge of respondent No. 3 was given by the Joint Director, Director Town & Country Planning stating that the correction or change in the layout of the society is not permissible and the road between Plot no. 455 and Plot no. 456 should not be interfered. The petitioner was informed by the Sub-Divisional Officer, Division No. 6, Municipal Corporation Raipur vide its letter that the respondent No. 2 has been served with a notice for stopping the construction of the house, because the same is illegal as there is no sanctioned map in accordance with the layout. In the meantime, the respondent No.2 sold the Plot No.456A to one Kavita Agrawal. The order was passed by the Deputy Registrar Cooperative Society. The petitioner was informed by the Joint Director, Department of Town & Country Planning Raipur vide its letter that the change in layout has not been permitted and the 30ft wide road has not been omitted from the layout. The Joint-Registrar Cooperative Society in the appeal filed u/s 77 of the Act by the petitioner has dismissed the appeal stating the matter falls in the jurisdiction of the Civil Court. The 2^nd Appellate Court has dismissed the 2^nd Appeal preferred by the petitioner while holding that if the land reserved for road or open land has been sold to its member such a dispute cannot be raised before the Cooperative Court and

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even no injunction can be granted. The revision preferred by the petitioner before the Registrar was returned to the petitioner with a liberty to produce the same before the Competent authority. An application u/s 67 of the act was also dismissed by the Cooperative Societies Tribunal on the ground of maintainability and the orders passed by the lower authorities have been affirmed.

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However, from the perusal of the relief claimed in the petition as well as the application filed by the petitioner before the concerned Co-operative Society as also the application filed before Joint Registrar, the impugned order passed by the State of Chhattisgarh, Department of Co-operative Society, I am of the opinion, that the impugned order is in accordance with law and all the authorities have rightly passed the order which is not required to be interfered with as from the bare perusal of the contents of the petition as well as the relief claimed by the petitioner, the respondent authorities of Co-operative Societies are not having jurisdiction and authority to pass orders regarding the relief claimed by the petitioner. The matter is amenable before competent Civil Jurisdictional Court.

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Accordingly, the writ petition is dismissed having without substance.

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No order as to cost(s).

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Sd/- (Amitendra Kishore Prasad) Judge

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Raghu Jat

Govind Jha v. State Of C.g. and Ors.

Case brief

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What the court decided

Govind Jha v. State Of C.g. and Ors.

Case brief

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