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Patna High CourtCWJC/3258/2018dismissed

Ram Kumar Singh And ANR v. The State Of Bihar And ORS

2023-10-04Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3258 of 2018 ====================================================== 1.

Ram Kumar Singh, Son of Late Bishram Singh, resident of MohallaKumhau, Post Office- Noor Sarai, Police Station- Shiv Sagar, DistrictRohtas. 2.

Kamlesh Shukla, Son of Late Ram Bachchan Shukla, resident of VillageMitha, Post Office- Hampur Ghor, District- Rohtas. ... ... Petitioner/s

Versus

1.

The State Of Bihar through Principal Secretary, Government of Bihar, Patna. 2.

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

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

4.

Shree Satish Kumar Singh, Ex-Managing Director, Sasaram-Bhabhua, Central Co-Operative Bank Limited, 5.

Shri Ramesh Chandra, Chairman, Sasaram-Bhabhua, Central Co-operative Bank Limited, Sasaram Roht 6.

The Administrator of the Sasaram-Bhabhua, Central Co-operative Bank Limited, Sasaram Rohtas.

7.

Raghunath Prasad, Son of Shri Manik Chand Prasad, Resident of VillageKontoli Fatak, Post Office- Sasaram, District- Rohtas Sasaram. 8.

Kamlakant Singh, Son of Shri Awadesh Singh, Resident of Village- Kushri, Post Office- Darigaon, District- Rohtas Sasaram. 9.

Tej Bahadur Singh, Son of Shri Balkeshwar Singh, Resident of Village Post Office-Bakri, Mahuli, Via- Takia Bazar, District- Rohtas Sasaram. 10.

Upendra Singh, Son of Shri Jagnarayan Singh, Resident of VillageSurhariya, Post Office- Agarwala, District- Rohtas Sasaram. 11.

Dhananjai Pratap Rai, Son of Shri Ramakant Rai, Resident of Village Post Office Pachpokhari, District- Rohtas Sasaram. 12.

Ram Kumar Singh, son of Shri Rajgrihi Singh, Resident of Village- Parwan, Post Office- Nansari, District- Rohtas Sasaram. 13.

Arun Kumar Singh, Son of Shri Kameshwar Singh, Resident of VillageAtarniganj, Post Office- Nasriganj, District- Rohtas Sasaram. 14.

Shivshankar Singh, Son of Shri Ram Kumar Singh, Resident of VillageBishrampur, Post Office- Khuriya, District- Rohtas Sasaram. 15.

Girija Shankar Singh, Son of Shri Sheodhar Singh, resident of Village Post Office- Nayakagaon, District- Rohtas Sasaram. 16.

Ashok Kumar Singh, Son of Shri Ram Bilas Singh, Resident of VillageKaithi, Post Office- Bhadokhara, District- Rohtas Sasaram. 17.

Rabindra Kumar Singh, Son of Shri Gorakhnath Singh, resident of Village Post office- Sebnai, District- Gajipur U.P..

18.

Hira Prasad Singh, Son of Shri Khakhana, resident of Village- Morikap, Post

Patna High Court CWJC No.3258 of 2018(5) dt.04-10-2023 2/3 Office- Dariagaon, District- Rohtas Sasaram.

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

For the Petitioner/s :

Mr. Rajendra Nath Sinha, Advocate For the State :

Mr. Sanjay Kumar (AC to GA-13) For the Respondent No. 3:

Mr. Bindhayanchal Rai, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-10-2023 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Sasaram, Bhabhua, Central Co-operative Bank Ltd.

2. Learned counsel for the petitioner fairly submits that the present writ petition has been filed for quashing the termination order dated 14.09.1988 which has been served upon him vide memo No. 233 and also the order dated 02.12.1996 passed by the Registrar, Co-operative Society, Patna, Bihar in Misc. Case No. 174/95.

3. Learned counsel further submits that during the pendency of the present writ petition, the petitioner has completed the age of his superannuation.

4. Learned counsel for the State submits that the petitioner has moved before this Hon'ble Court after a long gap whereas, counsel for Sasaram, Bhabhua, Central Co-operative Bank Ltd submits that after the judgment rendered by a Special Bench of this Court in the case of Organizer, Delhi C.D. & C.M

Patna High Court CWJC No.3258 of 2018(5) dt.04-10-2023 3/3 Union Ltd. Vs. The State of Bihar reported in 2014 (1) PLJR 695, the writ petition is not maintainable and liberty is available to the petitioner only under the rules and regulations of Bihar Co-operative Bank and not in the petition.

5. It transpires to this Court that the issue involved in this writ petition is question of regularization and age of superannuation. Since the petitioner has acquired the age of superannuation, this writ petition has become infructuous.

6. Accordingly, the writ petition stands dismissed as having become infructuous.

(Dr. Anshuman, J.) Divyansh/- U