Arbind Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4005 of 2024 ====================================================== Arbind Kumar Sharma S/o Late Shatugan Sharma, residing Baruna, P.O.- Sihuli, Block-Rafiganj, District-Aurangabad, Pincode-824125. ... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary, Govt. of Bihar, Patna. 2.

The Secretary Department of Co-operative Society, Bihar, Patna. 3.

The Commissioner Department of Co-operative Govt. of Bihar, Patna. 4.

The Registrar Department of Co-operative Society Govt. Bihar Patna. 5.

The Joint Registrar Co-operative Society Magadh Division Bihar. 6.

The District Co-operative Officer District Aurangabad, Bihar. 7.

The Assistant Registrar (A.R.) Co-operative Society Circle Aurangabad. 8.

The Block Co-operative Officer Rafiganj District Aurangabad, Bihar. 9.

The Chairman Sihuli Pacs Block Rafiganj, District Aurangabad, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Surendra Pd. Singh, Advocate For the Respondent/s :

Mr.Sanjay Kumar, AC to GP-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 29-07-2024 Heard the parties.

2. The petitioner has prayed for grant of the following reliefs:

(i) for a direction to the respondent specially respondent no.4 to infringing the financial power and executive power of respondent no.9 i.e. the Chairman of Sihuli Pacs Blok, Rafigant district-Aurangabad. The

Patna High Court CWJC No.4005 of 2024(2) dt.29-07-2024 2/3 respondent no.9 has always misused his power without calling of all members of Sihuli Pacs and take the self decision which is quite illegal ad against the act and rule of cooperative society. (ii) for a direction to respondent no.5, the Joint Registrar, Co-operative Society, Magadh Anchal (Circle) for breaking the suspension of petitioner dated 12.12.2023 without approval of Assistant Registrar, Co-operative Society Anchal, Aurangabad (respondent no.7). The respondent no.9 has misused his executive power/administrative power he has sent a suspension letter dated 12.12.2023 without any cogent reason.

3. Learned counsel for the petitioner took this Court to the document (Annexure-P/7) to the order passed by the respondent no. 9.

4. Learned counsel appearing on behalf of the

Patna High Court CWJC No.4005 of 2024(2) dt.29-07-2024 3/3 respondents submits that the petitioner should have well approached the respondent no.4, the Registrar, Cooperative Society, Bihar, Patna instead of rushing to the Patna High Court.

5. In that background, learned counsel for the petitioner submits that he shall be preferring an appropriate petition before the respondent no.4 in next four weeks.

6. In case, the same is preferred in next four weeks, the respondent no.4 shall take up the matter and after hearing all the parties, dispose it of expeditiously.

7. The writ petition stands disposed of.

(Rajiv Roy, J) Ravi/- U