Shail Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5154 of 2025 ====================================================== 1.

Shail Kumari W/o Ram Sowarath Tiwari, President, Lichhwi Saving and Credit Swawalambi Sahyog Samiti Limited, resident of village and postPanapur Langa, Police Station- Sadar Hajipur, District- Vaishali, Pin Code844101. 2.

Gopal Tiwari @ Durga Shankar Son of Ram Sowarath Tiwari, Manager, Lichhwi Saving and Credit Swawalambi Sahyog Samiti Limited, resident of village and post- Panapur Langa, Police Station- Sadar Hajipur, DistrictVaishali, Pin Code- 844101. ... ... Petitioner/s

Versus

1.

The State of Bihar through the President State Commission, Consumer Forum, Bihar, Patna.

2.

District Consumer Commission, Vaishali at Hajipur through its President. 3.

District Magistrate, Vaishali, Hajipur.

4.

The Lichhwi Saving and Credit Self Supporting Co-operative Society Limited, Panapur, Langa, District- Vaishali.

5.

Girja Devi Wife of Jawahar Sah, Resident of Village- Fulhara Bazar, P.O. Bidupur, Police Station- Raza Pakar, District- Vaishali. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uma Kant Tiwary, Advocate For the Respondent/s :

Mr.Standing Counsel-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL JUDGMENT Date : 03-04-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ application has been filed for the following reliefs:

A. An appropriate writ, order of direction quashing the order dated 27.06 2024 passed by the District Consumer Forum, Vaishali, Hajipur (Respondent No.2) in Complaint Case No.66 of

2/4 2021 holding the same as illegal, void and without jurisdiction, be issued.

B. An appropriate writ, order or direction commanding the respondent No.2 and 3 to forbear from implementing/executing the order dated 27.06.2024 (Annexure-P/3) against the petitioners, be issued.

C. For grant of any other relief or reliefs for which petitioners are found entitled to in the fact and circumstances of the case.

3. Learned counsel for the petitioner submits that some of residence of the Hajipur Block, formed a Co-operative Society known as Lichwi Saving and Credit Self Supporting Co-operative Society Limited and the same registered under the Bihar Self Supporting Co-operative Societies Act and its area of operation extends to the Hajipur Block. As per provisions of the By-laws the members of the Society are required to save and deposit the amount with the society and in case of any necessity, receive loan from the Society. As per provisions of By-laws a Managing Committee was constituted of which the petitioner No.1 was elected as President and one Radha Kumari has been appointed as Chief Executive Officer. In the year 2012 the aforesaid Radha Kumari resigned and the petitioner No.2 was inducted as Chief

3/4 Executive Officer of the said Society. Learned counsel for the petitioner submits that the respondent No.3 had deposited some amount in the account of the Society and respondent No.3 wanted to withdraw the same but respondent No.3 could not get back the money despite of best efforts then the respondent No.3 has approached the District Consumer Forum for redressal of her grievances and the same was registered as Complaint No. 66 of 2021 and the petitioners are aggrieved by the order dated 27.06.2024 passed in Complaint Case No. 66 of 2021 by the District Consumer Forum, Vaishali at Hajipur.

4. Learned counsel for the State has taken a preliminary objection with regard to the maintainability of the present writ application and submits that the petitioner has remedy to challenge the same before the State Commission, Consumer Forum, Bihar, Patna.

5. Having heard the learned counsel for the parties and objection raised by the learned counsel for the State, this Court has find the objection raised by the learned counsel for the State, the petitioner has the remedy to move before the State Commission, Consumer Forum, Bihar, Patna to challenge/assail the order dated 27.06.2024 passed in Complaint Case No.66 of 2021 by the District Consumer Forum, Vaishali, Hajipur (respondent No.2).

4/4

6. The petitioner, if so advised, may challenge/assail the order dated 27.06.2024 passed in Complaint Case No.66 of 2021 by the District Consumer Forum, Vaishali, Hajipur (respondent No.2) before the State Commission, Consumer Forum, Bihar, Patna.

7. With the aforesaid liberty, this writ application stands disposed of.

(Rajesh Kumar Verma, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date 04.04.2025 Transmission Date NA