Uma Shankar Sahani v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16466 of 2015 ====================================================== Uma Shankar Sahani, son of late Kapil Sahni, resident of village Narayanpur P.S. Darauli District Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary Cooperative New Secretariat Government of Bihar, Patna.

2. The Principal Secretary, Department of Animal Husbandry and Fisheries Resources Government of Bihar New Secretariat Patna, Bihar.

3. The Director Department of Animal Husbandary and Fisheries Resources Government of Bihar New Secretariat Patna Bihar.

4. The Registrar Cooperative Societies Bihar New Secretariat Patna.

5. The District Magistrate Siwan.

6. The Sub Divisional Magistrate Siwan.

7. The District Co-operative Officer Siwan.

8. The Cooperative Extension Officer Darauli P.S. - Darauli District - Siwan.

9. The Darauli Block Fisher men Cooperative Society Limited P.S. Darauli District Siwan through its Chairman.

10. Sri Kariman Mallah, son of not known, resident of village Narayanpur P.S. Darauli District Siwan.

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

For the Petitioner/s : Mr. Chadan Priyadarshi For the Respondent/s : Mrs. M. Chatterjee Mr. Ram Nibas Prasad For the State : Mr. Arvind Kumar, A.C to S.C.-28 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 23-02-2016 Heard the parties.

The writ petition is not maintainable for more than one ground. Firstly the order dated 24.8.2015 passed by the Registrar, Co-operative Societies in Miscellaneous Case No. 94 of 2014 was acted upon by the petitioner himself vide Annexure 5 and thus has taken its effect. Secondly that the order being acted upon and co-

Patna High Court CWJC No.16466 of 2015 (3) dt.23-02-2016 option of the Secretary has taken place, even if the co-option does not suit the petitioner for whatsoever reasons that may exist but the forum for the petitioner and his remedy would lie under the provisions available in the Bihar Co-operative Societies Act, 2008 as it concerns affairs relating to the society but in any case the writ is not maintainable. The petitioner if so advised may take recourse to the same.

The writ petition is disposed of.

(Jyoti Saran, J) deepika/- U