Brahmdeo Singh, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11494 of 2019 ====================================================== 1.

Brahmdeo Singh, Son of Dhanraj Singh, Ex-Chairman Paduri PACS, (Primary Agriculture Credit Co-operative Societies), resident of VillageGhari, Post- Sohagi, Police Station- Nasriganj, District- Rohtas. 2.

Rajendra Singh, Son of Dhanraj Singh, assistant manager, Paduri PACS, resident of Village- Ghari, Post- Sohagi, Police Station- Nasriganj, DistrictRohtas. ... ... Petitioner/s

Versus

1.

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

2.

The Registrar Co-operative Societies, Bihar, Patna. 3.

The Joint Registrar, Co-operative Societies, Patna Pramandal, Patna. 4.

The District Co-operative Officer, Rohtas, Sasaram. 5.

The Assistant Registrar, Co-operative Societies, Sasaram, Rohtas. 6.

The Block Co-operative Officer, Nasriganj, Rohtas, Sasaram. 7.

The Managing Director, Sasaram, Bhabhua Central Co-operative Bank, Sasaram, Rohtas.

8.

The The Chairman, Sasaram Bhabhua Central Co-operative bank, Sasaram, Rohtas.

9.

The Branch Manager, Sasaram Bhabhua Central Co-operative Bank, Nasriganj, Branch, P.O. Nasriganj, Police Station- Nasriganj, DistrictRohtas. 10.

Om Prakash Pandey, Son of Sheo Nandan Pandey, Chairman, Purari PACS, resident of Village and Post- Sohagi, Police Station- Nasriganj, DistrictRohtas. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Surendra Kumar Choubey, Advocate For the Respondent/s :

Mr.Raj Ballabh Prasad Yadav (Aag11) Mr. Ramashray Roy, AC to AAG-11 For the Bank :

Mr. Bindhyachal Rai, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-06-2023 Heard learned counsel for the petitioner as also the respondents.

The petitioners have prayed for the following relief:

Patna High Court CWJC No.11494 of 2019(4) dt.22-06-2023 2/3 (i) issuance of a writ in the nature of writ of certiorari quashing the notice dated 27.02.2019 issued pursuant to order vide memo no.108 dated 02.02.2018 passed by Joint Registrar Co-operative Societies, Patna Pramandal, Patna under the signature of Branch Manager, Basaram Bhabhua Central Cooperative bank Ltd. Branch Nasrignaj whereby and where under he has been pleased to direct the petitioners to depois Rs.52,71,193.15 within 15 days otherwise action would be taken in accordance with law against the petitioners; (ii) issuance of a writ in the nature of writ of mandamus directing the respondent to pass an appropriate order on the representations dated 05.03.2019 made by petitioners regarding correction of account and debt relating to Paduri PACS;

(iii) Issuance of any other writ(s) or order(s) or direction(s) which may be deemed fit and proper in the facts and circumstances of the case.

At the outset, learned counsel for the petitioners submit that subsequently a Certificate Case No. 03/2019/2020 has been instituted against the petitioners pending before the Deputy Development Commissioner cum Certificate Officer, Rohtas at Sasaram. He as such submits that he will be contended

Patna High Court CWJC No.11494 of 2019(4) dt.22-06-2023 3/3 if the representation/documents submitted by the petitioners is/are taken into consideration and appropriate order is passed. In view of the said fair submission put forward by the learned counsel for the petitioners in the presence of the respondents, this Court directs the Certificate Officer, Rohtas at Sasaram to consider the documents put forward by the petitioners and pass a reasoned order preferably within a period of 8 weeks from today.

It is expected that till the order is passed by the Certificate Officer, Rohtas at Sasaram, the status-quo as existing today, shall be maintained.

The writ petition stands disposed of.

(Rajiv Roy, J) Ravi/- U