Ramadhar Sharma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6524 of 2014 ======================================================

1. Ramadhar Sharma Son Of Late Jamuna Sharma Resident Of Village - Kanhauli, P.O. Kajisarai, P.S. Makhdumpur, District - Jehanabad .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Multi State Cooperative Land Development Bank Ltd Simit, Budhmarg Patna - 1 Through Its Managing Director

3. The Managing Director, Multi State Cooperative Land Development Bank Simit, Through Its Managing Director, Budhmarg Patna - 1

4. The Branch Manager, Multi State Cooperative Land Development Bank Simit, Halsi, District - Lakhisarai .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dinu Kumar, Adv.

Mr. Arvind Kumar Sharma, Adv.

Mr. Deepak Kumar, Adv.

Mrs. Ritika Rani, Adv.

Mrs. Neha Kumari, Adv.

For the Respondent/s : Mr. SC7-S.B.Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 23-02-2017 In view of the judgment of a Special Bench of this Court in The Organizer, Dehri C.D. & C.M. Union Limited. Vs. The State of Bihar & Ors. [2014 (1) PLJR 695], the writ application against a Co-operative Society is not maintainable if the affairs of the Society is managed by the Board of Directors. If the Society is under suppression and an Administrator/Special Officer is appointed by the State to manage the affairs of the Society then only the writ application would be maintainable against the action taken by the Administrator/Special Officer.

Patna High Court CWJC No.6524 of 2014 (2) dt.23-02-2017 2/2 It is not the case of the petitioner that the Society in question is superseded and is being run by the Administrator/ Special Officer.

In that view of the matter, the instant writ application is dismissed as not maintainable. (Ashwani Kumar Singh, J) Pradeep/- U