Sri Rameshwar Prasad Singh v. The State Of Bihar Through Principal Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4025 of 2021 ====================================================== Sri Rameshwar Prasad Singh, son of Late Teknarayan Singh, resident of Village - Dumari, P.O. - Dumari, P.S.- Tarayia, District- Saran. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Cooperation, Government of Bihar, New Secretariat, Patna.

2.

The Bihar State Election Authority, 32 Harding Road, Patna Bihar through its Chief Election Officer 3.

The Chief Election Officer, Bihar State Election Authority, Patna Bihar. 4.

The Registrar, Cooperative Societies, Bihar, Patna, New Secretariat, Patna. 5.

The Deputy Registrar (Cane) Cooperative Societies, New Secretariat Bihar, Patna.

6.

The Block Development Officer cum Election Officer, Block - Taraiya, District- Saran.

7.

Rajkumari Devi, wife of Sri Baban Rai, Resident of Village - Pachbhinda, P.O. - Pachbhinda, P.S. Tariya, Block - District- Saran. 8.

Satrughan Prasad Yadav, Son of Late Parmrshwar Roy, Resident of Village Harakhpura, P.O. and P.s. - Tariya, District- Saran. 9.

Baban Roy, Son of Late Rajendra Roy, Resident of Village and P.O. - Pachbinda, P.S. - Tariya, District- Saran.

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

For the Petitioner :

Ms. Manini Jaiswal, Advocate For the State :

Mr.Uday Shankar Sharan Singh, G.P.-19 For Respondent No.7 :

Mr. Bindhyachal Rai, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) 03-02-2022 The matter has been taken up for online hearing through video conference because of COVID-19 pandemic restrictions.

Learned counsel for the petitioner, after some

Patna High Court CWJC No.4025 of 2021(5) dt.03-02-2022 2/2 arguments, seeks permission to withdraw this writ application with a liberty to invoke Section 48(6) of the Bihar Co-operative Societies Act, 1935 by preferring an appeal before the Registrar, Co-operative Societies, Bihar, Patna against the order, which is impugned.

This application is permitted to be withdrawn with the liberty as sought for.

It is observed that if the petitioner prefers an appeal within two weeks from today, with an application seeking condonation of delay, the appellate authority shall not reject the petitioner's appeal on the ground of delay keeping in view the fact that he was pursuing his remedy before this Court by filing present writ application and decide the petitioner's appeal on merits.

(Chakradhari Sharan Singh, J) (Madhuresh Prasad, J) PNM U