Sh. Chandra Kumar Singh v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7515 of 2019 ====================================================== 1.

Sh. Chandra Kumar Singh S/o Late Hargovid Singh Delegate of Janta Sehkari Grih Nirman Samiti, R/o Lohiya Nagar, P.O. Suhird Nagar, P.S. Sadar, District Begusarai, Bihar.

2.

Janta Sehkari Grih Nirman Samiti Having office at Lohiya Nagar, P.O.- Suhird Nagar, P.S. Sadar, District- Begusarai, Bihar. ... ... Petitioners

Versus

1.

The Union of India through the Secretary, Department of Agriculture, Cooperative Society, Krishi Bhawan, New Delhi. 2.

The Central Registrar Co-operative Society, Krishi Bhawan, New Delhi. 3.

The Bihar State Housing Co-operative Federation Ltd. Lalit Bhawan, Bailey Road, Patna- 800014 through its Managing Director. 4.

The Administrator, Bihar State Housing Co-operative Federation Ltd. Patna. 5.

The Registrar, Co-operative Society, Bihar Vikas Bhawan, New Secretariat, Patna- 800001.

6.

The Bihar State Election Authority, 32, Harding Road, Patna through its Chief Election Officer.

7.

The Chief Election Officer, Bihar State Election Authority, 32, Harding Road, Patna.

8.

The Asst. Election Officer, Bihar State Housing Co-operative Federation Ltd. Lalit Bhawan, Patna.

9.

The State of Bihar through the Principal Secretary, Department of Cooperative, Bihar, Patna. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar, Adv.

For the U.O.I.

:

Mr. Kumar Priya Ranjan, Adv.

For the State :

Mr. Dinesh Maharaj, A.C.to A.G.-11 For the State Election : Mr. Mukesh Kumar, Adv. Authority ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 02-09-2019 It appears from perusal of Annexure '4' to the writ application that vide letter dated 5th December, 2018 the Deputy Director (Cooperation) in the Ministry of Agriculture & Farmers Welfare, Government of India informed the petitioners to

Patna High Court CWJC No.7515 of 2019(2) dt.02-09-2019 2/3 approach the Registrar of Cooperative Societies, Bihar in the matter in dispute. In the writ application there is no statement at all that after receipt of the letter, as contained in Annexure '4' to the writ application, the petitioners have ever approached the office of the Registrar, Cooperative Societies, Bihar. An oral submission is being made on behalf of the petitioners that the petitioners had approached the office of the Registrar, Cooperative Societies on many occasions but their request to consider the matter has gone in vain.

Learned counsel for the State submits that on perusal of Annexure '4' it would appear that the dispute application which was submitted by the petitioners had been returned to the petitioners in original, it is not a case of transfer of the petition to the office of the Registrar of Cooperative Societies, Bihar. It is submitted that in absence of there being any statement that the original application was filed in the office of Registrar, Cooperative Societies, Bihar, the writ application is not fit to be entertained.

Be that as it may, the writ application is being disposed of with liberty to the petitioners to present the original dispute application in the office of the Registrar, Cooperative Societies, Bihar, if the same has not already been submitted. In

Patna High Court CWJC No.7515 of 2019(2) dt.02-09-2019 3/3 case the original dispute application has been submitted in the office of the Registrar, Cooperative Societies, Bihar, the same must be looked into, examined and considered in accordance with law within a reasonable period. The Registrar, Cooperative Societies, Bihar is directed to pass an appropriate reasoned order thereon after hearing all concerned within a period of four months from the date of receipt/production of a copy of this order.

This writ application stands disposed of.

(Rajeev Ranjan Prasad, J) vats/arvind U