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Patna High CourtCWJC/21082/2011dismiss for nonprosecution

Jawaharlal v. Rajya Sahkari Bhumi Vikas Bank

2020-02-25Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21082 of 2011 ====================================================== Jawaharlal Son Of Late Shyam Narayan Singh Resident Of Village-Mirachak, P.S. Bind, District-Nalanda At Present Residing At Tahir Lane, Gardanibag, Road No. 16, C-15, Magadh Bihar, Anishabad, Patna-2, P.S. Gardanibag, District-Patna.

... ... Petitioner/s

Versus

1.

Rajya Sahkari Bhumi Vikas Bank, Bihar, Jharkhand, Budha Marg, Patna through its Chairman 2.

The Chairman, Rajya Sahkari Bhumi Vikas Bank Simit, Bihar, Jharkhand, Budha Marg, Patna.

3.

The Managing Director, Rajya Sahkari Bhumi Vikas Bank Simit, Bihar, Jharkhand, Budha Marg, Patna.

4.

The Director, Personnel, Rajya Sahkari Bhumi Vikas Bank Simit, Bihar, Jharkhand, Budha Marg, Patna.

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

For the Petitioner/s :

None For the Respondent/s :

Mr.Rajesh Prasad Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 25-02-2020 None appears for the petitioner.

Counsel for the respondents-Bank however, raises an objection regarding maintainability of the instant proceedings in so far as relief is claimed against a cooperative society under Article 226 of the Constitution of India.

Reliance is placed on the decision reported in 2014(I) PLJR page 695, it is submitted that special bench of this court in para 47 of the judgment has held that proceedings under Article 226 of the Constitution of India are not maintainable against a cooperative society.

Patna High Court CWJC No.21082 of 2011(5) dt.25-02-2020 2/2 Since none appears for the petitioner without going into the merits of submission advanced by counsel for the cooperative society, writ petition is dismissed for want of prosecution.

(Madhuresh Prasad, J) s.hassan/- U