Patna High CourtCWJC/11947/2014disposed

Abhishek Upadhyay v. The State Of Bihar And ORS

2015-09-28Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11947 of 2014 ======================================================

1. Abhishek Upadhyay Son of Sri Rajendra Upadhyay Resident of VillageNonar, P.S- Piro, District- Bhojpur. .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.

2. The Secretary, Co- operative Department, Govt. of Bihar, Patna.

3. The District Magistrate, Bhojpur.

4. The Additional Collector- cum- Nodal Officer (for PACS), Bhojpur.

5. The Block Development Officer, Piro, Bhojpur.

6. The BCEO, Block- Piro, Bhojpur.

7. The Chairman, Nonar PACS, Gram Panchayat Nonar, Piro, Bhojpur. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ravindra Kumar, Adv. For the Respondent/s : Mr. Ajay Bihari Sinha, S.C. 19 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 28-09-2015 The writ petition is filed for a direction to the respondents to grant membership to the petitioner and others in the Nomar Primary Agriculture Credit Cooperative Society, Piro in the district of Bhojpur.

Mr. Rabindra Kumar learned counsel for the petitioner relies upon a communication of the Block Development Officer dated 24.6.2014 present at Annexure-2 to submit that although the Chairman of the society was directed to include the name of the persons as per the list enclosed with the letter and to inform him accordingly but the Chairman has not responded to the directions. An issue of grant of membership or its refusal is a dispute to be raised before the Registrar in terms of Section 48 of the Bihar

Patna High Court CWJC No.11947 of 2014 (3) dt.28-09-2015 2/2 Cooperative Societies Act read with Rule 7 thereof. The petitioner without exhausting the remedy so available to him has chosen to file the writ petition before this Court for the same relief. Considering the alternative statutory remedy so available to the petitioner, the writ petition is disposed of. (Jyoti Saran, J) Bibhash/- U