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Patna High CourtCWJC/7305/2011dismissed

Goriya Dera Dugdh Utapadak Sah v. The State Of Bihar And ORS

2015-07-07Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7305 of 2011 ====================================================== Goriya Dera Dugdh Utapadak Sahayog Samiti Limited, through its Secretary Shambhu Prasad, S/O Late Chetan Rai of Village Goria Dera Post-Mobarak Pur, P.S. Janipur, Patna .... .... Petitioner/s

Versus

1.

The State of Bihar through its Registrar Co-Operative Department/Society Patna

2. Managing Director COMFED Patna-14 Vetanari College Campus Patna

3. Managing Director Viashal Dugdh Sangh, Phulwari Sharif Patna (Panta Diary Project Patna)

4. President Vaishal Pataliputra Dugdh Sangh, Phulwari Sharif Patna (Panta Diary Project Patna)

5. Group Leader Vaishal Pataliputra Dugdh Sangh, Phulwari Sharif Patna (Naubatpur Camp Path No. 15) (Panta Diary Project Patna)

6. Path Parwekshak Vaishal Pataliputra Dugdh Sangh, Phulwari Sharif Patna (Naubatpur Camp Path No. 15) .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhananjay Prasad Mr.M.K.Upadhayay For the Respondent nos.1&2: Mr. Rajeev Lochan, AC to SC-11 For the Respondent nos.3to6: Mr.Rajesh Prasad Choudhary Mr.Ojaswi Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 07-07-2015 Head the parties.

It is apparent from the pleadings of the writ petition itself that for the same set of reliefs the petitioner has been prosecuting two parallel proceedings; one by filing the present writ petition under Article 226 of the Constitution of India for the reliefs enumerated in paragraph 1 of the writ petition, and other by filing Misc.Case No.226 of 2009 (Shambhu Prasad Vs. Managing Director, COMFED, Patna & Ors.) before the learned Registrar, Co-operative Societies, Bihar, Patna, which has been disclosed in paragraph no.14 of the writ petition.

Learned counsel appearing on behalf of the respondent

Patna High Court CWJC No.7305 of 2011 (4) dt.07-07-2015 nos.3 to 6 has submitted that the aforesaid Misc.No.226 of 2009 has already been disposed of by an order dated 04.12.2012 and the matter has been remitted back for redressal of the grievances of the petitioner.

Though, almost two and half years have elapsed since the date of the aforesaid order dated 04.12.2012, but the petitioner has not challenged the validity and correctness of the aforesaid order dated 04.12.2012.

In above view of the matter, this Court is of the opinion that the present matter has become infructuous. It is, accordingly, dismissed.

Let a photocopy of the order dated 04.12.2012 passed in Misc.Case No.226 of 2009 produced by Mr.Rajesh Prasad Choudhary, learned counsel appearing on behalf of the respondent nos.3 to 6 be kept on the record.

Arvind/- (Birendra Prasad Verma, J) U