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Patna High CourtCWJC/9029/2024disposed

Abhijit Kashyap v. The State Of Bihar

2024-07-25Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9029 of 2024 ====================================================== Abhijit Kashyap son of Late Pandit Ram Narain Shashtri@ Ram Narayan Shashtri, resident of Flat No. 402/403, Hemchatt Dham Apartment, Patliputra Path, Near Central Bank of India, P.S. - Kadamkuan, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar at Patna.

2.

The Principal Secretary, Department of Industries, Government of Bihar at Patna.

3.

The Director, Handloom and Sericulture-cum- Additional Registrar, Cooperative Society (Handloom), Directorate of Handloom and Sericulture, Department of Industries, Government of Bihar. 4.

The Bihar State Handloom Weaver's Co-operative Union Ltd. Through its Managing Director, Handloom Bhawan Rajendra Nagar, Patna. 5.

The Chairman, the Bihar State Handloom Weaver's Co- operative Union Ltd. Handloom Bhawan, Rajendra Nagar, Patna.

6.

The Managing Director-cum- Administrator, the Bihar State Handloom Weaver's Co-operative Union Ltd. Handloom Bhawan, Rajendra Nagar, Patna.

7.

The Central Registrar cum Joint Secretary, Multi-State Co- Operative Society, Agriculture and Welfare Ministry, Krishi Bhawan, New Delhi110001. 8.

The Registrar, Co-operative Society, Vikash Bhawan, New Secretariat, Bailey Road, Patna.

9.

The District Magistrate, Patna.

10.

Dr. Binay Karak, Neurologist, son of Late Rampratap Karak, 1st Floor, Handloom Bhawan, Patliputra Path, Near Over Bridge, Rajendra Nagar, P.S.- Kadamkuan, District- Patna.

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

For the Petitioner/s :

Mr.Diwakar Upadhyaya, Adv.

For the State :

Mr. Alok Ranjan, Adv.

For the Respondent Nos. 4 to 6 :

Mr. Sanjay Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-07-2024 The present writ has been filed seeking the following reliefs:-

Patna High Court CWJC No.9029 of 2024(2) dt.25-07-2024 2/3 "1(a). The decision of respondent no. 5, the Chairman, Bihar State Handloom Weaver's Cooperative Union Ltd., and respondent no.6 the Managing Director, Bihar State Handloom Weaver's Co-operative Union Ltd., to allot the shop no. 7 and 8 situated on the ground floor of Handloom Bhawan, Patliputra Path, Near Over Bridge, Rajendra Nagar, P.S.- Kadamkuan, in the town and district of Patna, to respondent no. 10, in an arbitrary manner and ignoring the prior application of the petitioner and the assurance given to the petitioner by respondent no.6, in a most illegal and discriminatory manner and without giving equal opportunity to the petitioner, may be set aside, (b). The respondents no. 5 and 6 may further be directed to cancel the allotment of shop no.

7 and 8 situated on the ground floor of Handloom Bhawan, Patliputra Path, Near Over Bridge, Rajendra Nagar, P.S.- Kadamkuan, in the town and district of Patna to respondent no. 10 and reconsider his decision and be further pleased to direct that, the allotment of the shops should be made, after giving proper public notice regarding the vacancy of shops, and after giving equal opportunity to allot the shops to the petitioner, and also considering that the respondent no.

Patna High Court CWJC No.9029 of 2024(2) dt.25-07-2024 3/3 shops are just adjacent to the shop no. 7 of the petitioner, and, (c). The Respondents no. 5 and 6 may further be directed to allot shop no. 7 and 8 (both on the ground floor) situated on the ground floor of Handloom Bhawan, Patliputra Path, Near Over Bridge, Rajendra Nagar, P.S.- Kadamkuan, in the town and district of Patna to this petitioner." 2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Central Registrar, Multi State Co-operative Societies, New Delhi, for redressal of his aforesaid grievances. Liberty, so sought, is granted.

3.

Accordingly, the present writ petition stands disposed off. (Mohit Kumar Shah, J) Ajay/- U