Munna Kumar Mahto @ Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6835 of 2023 ====================================================== 1.

Munna Kumar Mahto @ Munna Kumar Son of Shivnarayan Mahto, resident of village - Madhopur, Ward No. 2, P.O. - Madhopur, P.S. - Manjhaulia, District - West Champaran.

2.

Sri Das, Son of Raktu Das, resident of Madhopur Ward No. 10, P.O. - Madhopur, District - West Champaran.

3.

Sampat Ali, Son of Dost Mohammad, resident of Village - Madhopur, Ward No. 7, P.S. - Manjhaulia, District - West Champaran. 4.

Sarfuddin, Son of Sampat Ali, resident of Village - Madhopur, Ward No. 7, P.S. - Manjhaulia, District - West Champaran. 5.

Krishna Mohan Prasad, Son of Basudev Prasad, resident of Village and P.O. - Madhopur, District - West Champaran.

6.

Jhagru Das, Son of Bachu Das, resident of village and P.O. - Madhopur, District - West Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Co-operative Department, Bihar, Patna.

2.

The Registrar Cooperative Societies, Bihar, Patna. 3.

The Joint Registrar Cooperative Societies Tirhut Division, Muzaffarpur. 4.

The Divisional Commissioner, Tirhut Division, Muzaffarpur. 5.

The District Magistrate, West Champaran at Bettiah. 6.

The Deputy Development Commissioner, West Champaran at Bettiah. 7.

The Assistant Registrar Cooperative Societies, Bettiah Circle, Bettiah. 8.

The District Cooperative Officer, West Champaran at Bettiah. 9.

The Block Cooperative Officer, Manjhaulia, District - West Champaran. 10.

The Assistant Registrar, Cooperative Department,Bettiah 11.

The Joint Registrars (Audit) Cooperative Societies, Bihar, Patna. 12.

The Deputy Registrar, (Sugarcane) Cooperative Societies, Bihar, Patna. 13.

Mr. Shatrudhn Kumar Singh, Son of Baidyanath Singh, resident of Madhopour, P.S. - Manjhaulia, District - West Champaran, Ex-Chairman Primary Agriculture Credit Societies (PACS), Block - Manjhaulia, District - West Champaran.

14.

Manoj Kumar, Son of Chandrika Prasad Singh, resident of Madhopur, P.S. - Manjhaulia, District - West Champaran, Chairman (Present) Primary Agriculture Credit Societies (PACS), Block - Manjhaulia, District - West Champaran.

15.

The Manager, Madhopur PACS Manjhaulia, District - West Champaran. 16.

The Cooperative Extension Officer (Headquarter), Bettiah.

Patna High Court CWJC No.6835 of 2023 dt.14-12-2023 2/3 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar Pandey, Advocate For the Respondent/s :

Mr. Zeeshan Kalim, AC to SC 20 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 14-12-2023 Heard Mr. Sunil Kumar Pandey, learned counsel appearing on behalf of the petitioners and Mr. Zeeshan Kalim, learned AC to SC 20 for the State.

2. Petitioners have filed the writ petition for following reliefs:- "(I) To issue an appropriate order/s, direction/s including a writ preferably in the nature of mandamus commanding and directing upon the concerned respondent no.13 and 14 to refund a sum of Rs.1100000,00/- (Rs.11 crores) to the depositors including the petitioner's who have deposited in the Madhopur Primary Agriculture Credit Society Bank (PACS in short) within Manjhauliya Block of District-West Champaran. (ii) To direct the respondent no.1 to 8 to take appropriate legal action against the concerned respondents who illegally withdrawn and misappropriate the money of depositors who have deposited money in their respective account.

(iii) To direct the respondent No.1 to 8 to lodge first information report against the concerned respondents No.13 and 14 and investigate the case by Vigilance Department constituting Special investigation Team S.I.T. (in short) who have committed financial irregularities defalcation and misused the public fund. (iv) To any other relie/s to which the petitioner may be found entitled in the facts and circumstances of the case."

3. Learned counsel appearing on behalf of petitioners submits that the petitioners seek to file detailed representation before the Administrator or the Chairman of the co-operative

Patna High Court CWJC No.6835 of 2023 dt.14-12-2023 3/3 Primary Agriculture Credit Society for refund of the amount deposited by them, considering the fact that with respect to 122 depositors, the amount has been disbursed by the Administrator for facilitating the payment.

4. Learned counsel appearing on behalf of the State submits that petitioners may file detailed representation along with their claim to which they are entitled for before the Chairman of the Co-operative Society concern.

5. The Administrator will ensure to disburse the amount along with the statutory interest, which the petitioners are entitled for within a period of six weeks from the date of filing of representation.

6. In case of failure on part of any of the authorities, the petitioners are at liberty to take appropriate legal action against them including lodging of an FIR.

7. With aforesaid observation and direction, the writ petition is disposed of.

(Purnendu Singh, J) Sanjay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 15.12.2023 Transmission Date NA