Arun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4007 of 2024 ====================================================== Arun Kumar Son of Mokhtar Prasad, Resident of Village - Shear Bhukka, Khesari, P.S. - Nimchak Bathani, District - Gaya. ... ... Petitioner/s

Versus

1.

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

The Additional Chief Secretary, Department of Co-operative, Govt. of Bihar, Vikash Bhawan, Patna.

3.

The Registrar, Cooperative Society, Govt. of Bihar, Vikash Bhawan, Patna. 4.

The Joint Registrar, Co-operative Society, Magadh Division, Gaya. 5.

The District Cooperative Officer, Gaya.

6.

The Block Cooperative Officer, Nimchak Bathani, Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar, Advocate For the Respondent/s :

Mr.Government Pleader -26 ====================================================== 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) that this is an application for issuance of a writ in the nature of mandamus commanding and directing the respondent authorities to remove the name of 382 persons as member of Maniyara Primary Agriculture Credit Society Limited (hereinafter referred to as "PACS")

Patna High Court CWJC No.4007 of 2024(2) dt.29-07-2024 2/3 who have been inducted by misusing 1.D and Password of the PACS without there being any information to the Managing committee and that too without complying the provisions made in Rule-7 of the Bihar Cooperative Societies Rules, 1959 or alternatively to direct the Registrar, cooperative society Bihar, Patna to dispose of the dispute case no. 106 of 2023 without any delay as the election processes is going to be started within short span of time and/or for issuance of such other order or direction for which the petitioners may be found legally entitled to in the facts and circumstances of the case as stated hereinunder.

3. Learned counsel for the petitioner submits that despite the Dispute Case No. 106 of 2023 pending before the respondent no.3, the Registrar Co-operative Society, Bihar,

Patna High Court CWJC No.4007 of 2024(2) dt.29-07-2024 3/3 Patna, the same has not taken to its logical conclusion clearly prejudicing the cause of the petitioner.

4. Learned State Counsel submits that if the Dispute Case No. 106/2023 is pending, the respondent no.3 is duty bound to take the same to its logical conclusion.

5. In that background and in view of the limited prayer put forward by the learned counsel for the petitioner, the writ petition is disposed of with a direction to the respondent no.3 to immediately take up the matter, hear all the necessary parties and dispose it of (if the same has still not been disposed of) as early as possible, preferably within a period of three months from today.

(Rajiv Roy, J) Ravi/- U