Ghoghardiha Fisheries Cooperative Society Ltd. And ANR v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15548 of 2014 ======================================================
1. Ghoghardiha Fisheries Cooperative Society Limited, Ghoghardiha, District- Madhubani through its Secretary Gunai Mukhiya.
2. Gunai Mukhiya,' son of Lala Mukhiya, R/o Village- Kishanpatti, P.S.- Ghoghardiha, District- Madhubani .... .... Petitioner/s
Versus
1. The State of Bihar through Secretary, Co-operative Department, Government of Bihar
2. Registrar Co-operative Societies, Vikas Bhawan, New Secretariat, Patna
3. Assistant Registrar, Co-operative Societies, Jhanjharpur, DistrictMadhubani
4. District Co-operative Officer, Madhubani
5. Co-operative Development Officer, Jhanjharpur, District- Madhubani .... .... Respondent/s ====================================================== Appearance:
For the Petitioner/s : Mr. Sourendra Pandey, Advocate For the Respondent/s : Mr. Dhurjati Kr Prasad, G.P.-7 Mr. Md. Faiz Ahmad, A.C. to G.P.-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 24-11-2015 Mr. Sourendra Pandey for the petitioner and counsel for the State are present and have been heard.
Although the petitioner endeavours to question the action of the authorities of the Cooperative Department in forcing the petitioner Society to grant membership to certain persons but there is no document on record either to demonstrate any such enforcement or to show that any exercise has been carried out by the statutory authorities under Rule 7(4) of the Bihar Cooperative Societies Rules framed under the Bihar Cooperative Societies Act
Patna High Court CWJC No.15548 of 2014 (2) dt.24-11-2015 for enrollment of any person to the membership of the Society. In the circumstances for the present no cause of action lies for the petitioner to pursue the matter and the writ petition is accordingly disposed of leaving it open for the petitioner to approach the appropriate forum should any occasion so arise and any order is passed adversarial to the interest of the Society. (Jyoti Saran, J) S.Sb/- U