Binod Shankar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7981 of 2023 ====================================================== Binod Shankar Prasad Son of Bhola Prasad, Ward No. Residence of Village Bhagwanpur, Bazar, P.S.- Chapra, Distt.- Saran. ... ... Petitioner/s

Versus

1.

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

2.

The Distt. Magistrate, Muzaffarpur.

3.

The Joint Register, through Co-Operative, Societies, Tirhut Commissioner Bihar, Patna.

4.

The Register, Co-Operative Societies, Bihar, Patna. 5.

The Managing Director, Co-Operative Bank limited Muzaffarpur. 6.

The Deputy Register, Co-Operative Societies Muzaffarpur Commissionaire Muzaffarpur.

7.

Vidyanand Yadav Son of Harivansh Rai, Resident of village hanuman Nagar, P.O. Dinapur, P.S. Narha Panapur, Distt. East Champarn (In-Charge Officer) Saran Branch Mushahari Tole, Zero Mile, Distt. East Champaran) 8.

Shiv Shankar Sahani Son of Ram Chandra Sahani, Resident of Village Juran Chapara Road No. 04 Muzaffarpur Dainik Bar (Daily Basis Payment) Daily Ways Clerk.

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

For the Petitioner/s :

Mr.Devendra Kumar, Advocate For the Respondent/s :

Mr.Sushil Kumar ( GP 22 ) Mr. K.K. Singh, AC to GP-2 For the Bank :

Mr. Rakesh Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-12-2023 The present writ petition has been filed seeking the following relief:- "1.i. For issuance of writ in nature of Mandamus for directing and commanding the respondent's authority for setting aside order dt.

20-09-2022 and also an order dt.

Patna High Court CWJC No.7981 of 2023(2) dt.05-12-2023 2/3 01-04-2014 passed by the Joint Registrar, Co-operative Societies, Tirhut Commissionary, Muzaffarpur and the Managing Director, CoOperative Bank, Muzaffarpur in Appeal Case No. 01/2004 and Appeal Case no 130/2008 respectively, whereby and whereunder the order passed by Joint Registrar, Co-operative Society Tirhut Commissionary, Muzaffarpur and the Joint Registrar, Cooperative Society Bihar, Muzaffarpur, in which the order passed by authorities which is illegal/arbitrary are malafide in eye of law in the case of the petitioner who is not bounded by this order although the petitioner has deposited all dues money. In this case whole and sole responsibilities has taken by one branch Manager namely Mr. Vidyanand Yadav."

2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the order dated 20.09.2022 passed by the Joint Registrar, Cooperative Societies, Tirhut

Patna High Court CWJC No.7981 of 2023(2) dt.05-12-2023 3/3 Division, Muzaffarpur, by filing appropriate appeal. Liberty, so sought, is granted.

3.

It is needless to state that in case the petitioner files an Appeal, before the Registrar, Cooperative Societies, Bihar, Patna, within a period of four weeks from today, the same shall be considered, in accordance with law and a reasoned and a speaking order shall be passed within a period of eight weeks, thereafter.

4.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U