Nandkishore Prasad Dube v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4686 of 2022 ====================================================== Nandkishore Prasad Dube Son of Late Darga Prasad Dube Resident of Village Parsahi, P.O. Maheshpur, P.S. Bijayeepur, District- Gopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Cooperative Department, Patna. 2.

The Samastipur District Central Cooperative Bank Limited, through the Managing Director, Samastipur.

3.

The Chairman, Samastipur District Central Cooperative Bank Limited, Samastipur.

4.

The Board of Directors, Samastipur District Central Cooperative Bank Limited, Samastipur.

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

For the Petitioner/s :

Mr.Ashok Kumar Mishra, Adv.

For the State :

Mr.Uday Shankar Saran Singh, GP-19 Mr.Swapnil Singh, AC to GP-19 For the Bank :

Mr.Bindhyachal Rai, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-11-2023

1. The present writ petition has been filed seeking relief against the Samastipur Central Co-operative Bank, Gaya, Bihar.

2. At the outset, the learned counsel appearing for the respondent- Samastipur Central Co-operative Bank submits that the present writ petition is not maintainable, inasmuch as the respondent-Co-operative Bank is not a State within the meaning of Article 12 of the Constitution of India since the Bank in itself is a Co-operative Society, managed by a duly constituted Managing Committee and the members of the

Patna High Court CWJC No.4686 of 2022(2) dt.23-11-2023 2/2 Managing Committee are elected by the Members of the Bank. In this regard, the learned counsel for the respondent-Bank has relied on a judgment reported in 2014 (1) PLJR 294 (Shivendra Kr. Singh v. Muzaffarpur Central Co-operative Bank Ltd. and others).

3. At this juncture, the learned counsel for the petitioner seeks liberty to approach the Registrar, co-operative Societies, Bihar, Patna so that the petitioner can seek redressal of his grievances.

4. Having regard to the facts and circumstances of the case, the present writ petition stands disposed off with liberty to the petitioner to approach the Registrar, Co-operative Societies, Bihar, Patna by filing appropriate petition within a period of four weeks from today, whereupon the Registrar, Cooperative Societies, Bihar, Patna would adjudicate upon the same and pass final order within a period of six weeks thereafter.

(Mohit Kumar Shah, J) sonal/- U