Balmiki Sahni v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 2911 of 2017 =========================================================== Balmiki Sahni Son of Shri Kusho Sahni, resident of village and PO - Chandpura, P.S.-Neema Chandpura, District - Begusarai, Elected Secretary Begusarai Prakhand Matsyajivi Sahyog Samiti Ltd. Chandpura.

.... .... Petitioner/s

Versus

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

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

3. The Joint Registrar Co-operative Societies, Bhagalpur Division, Bhagalpur.

4. The District Co-operative Officer, Begusarai.

5. The Assistant Registrar Co-operative Societies, Begusarai Anchal, Begusarai.

6. Sanjeev Kumar Singh, Assistant Registrar Co-operative Societies, Begusarai Anchal Begusarai-cum-Administrator, Begusarai Prakhand Matsyajivi Sahyog Samiti, Ltd.

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

For the Petitioner/s :

Ms. Mahasweta Chatterjee, Mr. Samir Kumar Sinha and Mr. Ram Nibash Prasad, Advocates For the State :

Mr. Ravi Bhardwaj, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 07-03-2017 Heard learned counsel for the petitioner and the State. The challenge in the present writ application is to the order contained in Memo No. 63 dated 16.01.2017, by which the District Co-operative Officer, Begusarai has dissolved the Managing Committee of Begusarai Prakhad Matsyajivi Sahyog Samiti Ltd. under Section 41(5)(a)(b) of the Bihar Co-operative Societies Act, 1935 and has appointed respondent no. 6 as the Administrator. Learned counsel for the petitioner has challenged the impugned order, inter alia, on the ground that out of the total 13

Patna High Court CWJC No.2911 of 2017 dt.07-03-2017 2/2 strength of the Managing Committee, the allegation that six members had resigned is incorrect as later they have informed the officer concerned that their signature was involuntarily taken on a blank paper under misconception. However, after some arguments, learned counsel for the petitioner sought permission to withdraw the writ petition with a direction to the respondent no. 2 to dispose off the representation filed by the petitioner, who was the Secretary of the said Co-operative Society.

Learned counsel for the State does not oppose. In view of the aforesaid, the writ petition stands disposed off as withdrawn with a direction to the respondent no. 2 to pass final orders on the representation filed by the petitioner against the impugned order expeditiously and latest within a period of two months from the date of receipt of a copy of the order upon him, in accordance with law.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U