The State Of Bihar And ANR v. Pragatisheel And Adarsh Sahakari Grih Nirman Samiti Limited And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1177 of 2016 Arising out of Civil Writ Jurisdiction Case No. 16760 of 2012 ===========================================================

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

2. Registrar, Cooperative Department, Bihar Patna ......... Respondent 1 & 2 in the Writ Application ... Appellants

Versus

1. Pragatisheel and Adarsh Sahakari Grih Nirman Samiti Limited having its office at Shastri Nagar Road No. 4,P.S. - Kashim Bazar,Munger through its Chairman Krishna Mohan Prasad Sinha S/o Late Bindeshwari Prasad Resident of Nirmala Bhawan Shastri Nagar, P.S. Kashim Bazar, Munger

2. Sri Krishna Nagar Sahkari Grih Niraman Samiti Limited having its Office at New Area Nawad, P.S. Nagar, Thana - Nawada through its Chairman Arun Kumar son of Late Baihu Singh Resident of New Area Nawada, P.S. - Nagar, Thana + District- Nawada .............. Writ Petitioner - Respondents 1st Set.

3. Sri V.S. Dubey, Chairman Administration Reforms Commission, New Secretariat, Bihar, Patna

4. Sri Rajesh Kumar, Director, Animal Husbandry, Bihar, Patna- Cum- registrar Cooperative Department, Bihar, Patna

5. Shri Sanjay Kumar Singh, District Magistrate-Cum-Liquidator Designate, Bihar State Housing Cooperative Federation in the Limited Lalit Bhawan, Bailey Road, Patna

6. Bihar State Housing Cooperative Federation Limited, Lalit Bhawan, Bailey Road, Patna through its Managing Director .... .... Respondents no. 3 to 6 writ petitioner ....... Respondent 2nd Set.

=========================================================== Appearance:

For the Appellant/s : Ms. Divya Verma, Advocate. For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 01-12-2017 Heard learned counsel for the State.

The impugned order dated 04.12.2015 is not required to be interfered with keeping in view that the society in question is a Multi-

Patna High Court LPA No.1177 of 2016 dt.01-12-2017 2/2 State Co-operative Society. In view of the same, the Registrar, Cooperative Society, Bihar cannot exercise jurisdiction over that body. Since the question answered by the learned single Judge is a jurisdictional question and the power of the Registrar to exercise authority which is not seriously contested keeping in view the status of the society, the Appeal has no merit. It is dismissed. (Ajay Kumar Tripathi, J) (Rajeev Ranjan Prasad, J) Dilip, AR AFR/NAFR NAFR CAV DATE N/A Uploading Date 04.12.2017 Transmission Date N/A