Barauni Sahkari Sheet Bhandar Limited And ANR v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 3264 of 2016 Along with Interlocutory Application No. 3121 of 2016 ===========================================================
1. Barauni Sahkari Sheet Bhandar Limited, Barauni, Begusarai through its Elected Secretary-Parmanand Singh.
2. Parmanand Singh, Son of Late Ram Lakhan Singh, resident of Village Barauni I, Police Station- Teghra, District- Begusarai at present Elected Secretary of Barauni Sahkari Sheet Bhandar Limited, Barauni Begusarai. .... .... Petitioner/s
Versus
1. The State of Bihar
2. Registrar, Co-operative Societies, Bihar, Patna.
3. Joint Registrar, Co-operative Societies, Bhagalpur Division, Bhagalpur.
4. District Co-operative Officer, Begusarai.
5. District Magistrate, Begusarai.
6. Superintendent of Police, Begusarai.
.................. Respondent 1st Party
7. Amrendra Kumar, Son of Jangilal Sah, resident of Mirzapur Ganj, P.S. Vidyapati Nagar, District- Samastipur.
................ Respondent 2nd Party
8. Manager, Barauni Co-operative Cold Stores Limited, Barauni, P.S.-Teghra, District- Begusarai.
.................. Respondent 3rd Party .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s :
Mr. Kaushalesh Choudhary, Advocate For the State :
Mr. Sanjay Kumar, A.C. to G.A. 13 For the Respondent No. 7 :
Mr. Rakesh Kumar Jha, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 31-01-2017 Heard learned counsel for the parties.
The petitioners had moved this Court against the order dated 20.01.2016/25.01.2016, passed by the Registrar, Co-operative
Patna High Court CWJC No.3264 of 2016 dt.31-01-2017 2/3 Societies, Bihar, Patna, in Dispute Case No. 71 of 2011 and four other analogous cases by which as an interim measure, the respondent no. 7 was allowed to run the cold storage in question. Earlier, by order dated 19.02.2016, the Court had stayed the impugned order. Today, at the very outset, learned counsel for the contesting respondent no. 7, submitted that he has no objection if the impugned order is quashed, for the reason that finally the matter has to be heard and adjudicated on merits by the Registrar, Co-operative Societies.
In view of the aforesaid, the impugned order dated 20.01.2016/25.01.2016 passed by the respondent no. 2, in Dispute Case No. 71 of 2011 and four other analogous cases is quashed. The Registrar is directed to hear the matter expeditiously and pass final orders, latest within four months from the date of production of a copy of this order before him. The parties shall cooperate in the matter. However, it is made clear that if the parties do not cooperate, then the Registrar shall proceed in accordance with law and ensure that the matter is decided within the time frame fixed by this Court.
In the meantime, status quo, as of today, shall be maintained.
The writ petition stands disposed off in the aforementioned terms.
Patna High Court CWJC No.3264 of 2016 dt.31-01-2017 3/3 In view of the writ petition having been finally disposed off, Interlocutory Application No. 3121 of 2016, which was filed for vacating the stay, having become infructuous, stands disposed off.
(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U