Vishwnawati Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 9617 of 2016 ====================================================== Vishwnawati Devi, W/o Late Mahatma Dubey, Resident of village - Pipardih, P.S. Nasriganj, District - Rohtas.

.... .... Petitioner/s

Versus

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

2. The Managing Director, BISCOMAN, Patna.

3. The Chief Executive officer, Provident Fund, BISCOMAN, Patna

4. The Area Officer, BISCOMAN, Sasaram.

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

For the Petitioner/s :

Mr.

For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 24-11-2017 Heard learned counsel for the petitioner; State and respondents no. 2 to 4.

2. Faced with the query of the Court as to how the present writ petition was maintainable in view of the fact that the relief claimed is against the Bihar State Co-operative Marketing Union Limited (BISCOMAUN), which is a Co-operative Society, in terms of the law laid down by a Special Bench of this Court in the case of The Organizer, Dehri C.D. & C.M. Union Ltd. vs. State of Bihar reported as 2014(1) PLJR 695, learned counsel for the petitioner prays that he may be permitted to withdraw the writ petition in order to move before the appropriate forum, in accordance with law.

Patna High Court CWJC No.9617 of 2016 (4) dt.24-11-2017 2/2

3. In view thereof, the writ petition stands disposed off with liberty aforesaid.

4. It goes without saying that if the petitioner invokes the forum in accordance with law, his case shall be considered on merits, without being prejudiced by the present order.

(Ahsanuddin Amanullah, J.) P. Kumar U