Sri Bhagwaan Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.604 of 2016 ====================================================== Sri Bhagwaan Prasad, S/o Sri Deo Mangal Chand, R/o Vill.-Jagdishpur, P.S.- Buxar M, District-Buxar, presently posted as Cooperative Officer Arwal, District.-Arwal.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Registrar Co-operative Societies, Bihar, Patna.

2.

The Joint Registrar, Co-operative Society, Magadh Division, Gaya. 3.

Deputy Registrar Co-operative Societies, Patna Division, Patna. 4.

The Assistant Registrar, Co-operative Societies Sasaram Anchal, Sasaram, Distt.-Rohtas.

5.

District Co-operative Officer, Gaya.

6.

Md. Hamid, Assistant Registrar HQ Co-operative Society, Bihar, Patna Cum Conducting Officer.

7.

District Co-operative Officer Sasaram Distt.-Rohtas Cum Presenting Officer. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Kumar Singh, Adv.

For the Respondent/s :

Mr.Prabhat Ranjan, AC to GP 6.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 30-04-2019 In Paragraph '9' of the counter affidavit filed on behalf of the State Respondents, it is stated that the petitioner has moved this Court without exhausting the alternative remedy of appeal available to him before the competent authority i.e., the Principal Secretary, Co-operative Department. Learned counsel for the petitioner at this stage submits that he will seek his remedy in terms of the statements made in Paragraph '9' of the counter affidavit by filing an appropriate appeal before the Principal Secretary of the

Patna High Court CWJC No.604 of 2016(3) dt.30-04-2019 2/2 Department within a period of 30 days from today. As prayed, liberty is granted to the petitioner to file an appropriate appeal before the Principal Secretary of the Department within a period of 30 days from today and on filing of the said appeal, the Principal Secretary shall consider the same on its own merit and the appeal shall not be rejected on the ground of limitation because the petitioner was pursuing his remedy before this Court under the bonafide belief. The appeal so filed shall be disposed of within a period of 90 days from the date of filing of the appeal.

The writ application stands disposed of, accordingly. (Rajeev Ranjan Prasad, J) R.R.Ojha/- U