Mahua Vyapar Mandal Sahyog Samiti Ltd. And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1527 of 2017 ===========================================================

1. Mahua Vyapar Mandal Sahyog Samiti Ltd. having it's office at Mahua, P.S. Mahua, Distt. Vaishali, through it's Chairman Shiv Narayan Prasad Mishra

2. Fatehpur Pakri Panchayat Primary Agriculture Credit Co Operative Society Ltd having it's Office at Vill - Chandsarai, P.S. Mahua, District - Vaishali through it's Chairman Shiv Narayan Prasasd Mishra

3. Shiv Narayan Prasad Mishra, S/o Late Ram Sevak Mishra, Resident of Chandsarai, P.S. Mahua, District - Vaishali, - Adhyaksh of the Petitioners 1 & 2 .... .... Petitioner/s

Versus

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

2. Registrar Co operative Society, Bihar, Patna

3. The Vaishali District, Central Co - Operative Bank, Vaishali at Hajipur, through its Managing Director

4. Sri Vishndeo Rai, the Vaishali Central Co - Operative Bank, Vaishali at Hajipur, P.S. Hajipur, District - Vaishali

5. The Board of Directors of the Vaishali District Central Co - Operative Bank, Vaishali at Hajipur through it's Chairman Sri Vishnudeo Rai .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr. Yogendra Mishra, Advocate Mr. Uma Kant Tiwary, Advocate For the State : Mr. Sushil Kumar- GP-22 For the Bank :

Mr. Sanjay Kumar, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 17-07-2017 Heard learned counsel for the petitioners, the State and learned counsel for the respondent no. 3.

2. The petitioners have moved the Court for the following reliefs:

" i) An appropriate writ order direction declaring the decisions of expulsion of the petitioners form the membership of the bank as mentioned in the letter dated 01.12.2016 (annexure.......) under the signature of Respondent

Patna High Court CWJC No.1527 of 2017 dt.17-07-2017 2/2 No. 4 as illegal, arbitrary, void & without jurisdiction be issued.

ii) An appropriate writ order direction declaring the alleged decision taken in the meeting dated 18.03.2016 and 13.09.2016 as mentioned in the annexure ....... Declaring the same as illegal void arbitrary malafide and without jurisdiction be issued.

iii) An appropriate writ order direction granting any other relief available to the petitioners be issued."

3. At the very outset, learned counsel for the petitioners submitted that the issue in question has already been decided by the Court in C.W.J.C. No. 10922 of 2016, disposed off by judgment and order dated 03.02.2017.

4. The position is admitted by learned counsel for the respondents that the issue pertains to the same dispute and the order impugned was also the same.

5. In view thereof, the present writ petition also stands decided on merits in terms of the aforesaid order. (Ahsanuddin Amanullah, J) P. Kumar AFR/NAFR U