Ravindra Nath Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1910 of 2024 ====================================================== Ravindra Nath Pathak Son of Late Rajeshwari Nath Pathak, Resident of Mohalla Pathaktoli Sherghati, P.S. - Sherghati, District - Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary Cooperative Department, Government of Bihar, Patna.

2.

The Registar Cooperative Societies Bihar New Secretariat, Patna. 3.

District Audit Officer Cooperative Societies, Gaya. 4.

Competent Special Officer (Consumer) Cooperative Societies Bihar, Patna. 5.

The Magadh Central Cooperative Bank through its Managing Director, Gaya, P.S Gaya Town, District - Gaya.

6.

The Managing Director, Magadh Central Cooperative Bank Gaya, P.S Gaya Town, District - Gaya.

7.

The Branch Manager, Magadh Central Cooperative Bank, Wazirganj Gaya. 8.

Md Javed Hussain, Son of not Known through Magadh Central Cooperative Bank Sherghati, District - Gaya.

9.

Md Abid Hussain, Son of not Known through Magadh Central Cooperative Bank Sherghati, District - Gaya.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Mishra, Adv.

For the Respondent/s :

Mr.Government Pleader (14) For the Bank :

Mr. Sanjay Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-02-2024 The present writ petition has been filed seeking the following reliefs:- "1(i). For quashing that part of the order contained in memo no. 9687 dated 29.12.2023

Patna High Court CWJC No.1910 of 2024(2) dt.08-02-2024 2/3 issued under the signature of special officer (Consumer) Cooperative Society Bihar Patna where by and where under the petitioner has been surcharged Rupees 38,39,083.25 with a direction upon the petitioner to deposit the same along with 12 percent interest to Magadh Central Cooperative Bank Ltd Gaya within a Period of two months failing which the same shall be realized through the certificate proceedings. (ii). During the pendency of the Writ Petition Stay the operation of the order contained in memo no. 9687 dated 29.12.2023 issued under the signature of special officer (Consumer) Cooperative Society Bihar Patna."

2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the order dated 29.12.2023, passed by the Special Officer (Consumer), Cooperative Society, Bihar, Patna, by filing appropriate appeal, however, seeks some protection during the interregnum period. Liberty, so sought, is granted.

3.

It is needless to state that in order to enable the petitioner to file appropriate appeal along with a petition for grant of interim orders, I deem it fit and proper to direct the Respondents to maintain status quo, existing as on today, for a period of three weeks from today.

Patna High Court CWJC No.1910 of 2024(2) dt.08-02-2024 3/3 4.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U