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Patna High CourtCWJC/10454/2023dismissed

The Co-Operative Banking Society Ltd. v. State Of Bihar

2023-08-01Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10454 of 2023 ====================================================== The Co-operative Banking Society Ltd. a Society registered under the provisions of the Co-operative Societies Act (II of 1912) bearing Registered No. 105 dated 17.12.1912 and having its registered office at Road No. 21, Gardanibagh, Patna- 800002, through its Secretary Varun Kumar Pandey, Male aged about 43 years, S/o Sri Surendra Pandey, having its office at the Cooperative Head Quarter Office, situated at Road No. 21, Gardanibagh, Patna - 800002.

... ... Petitioner/s

Versus

1.

State of Bihar through its Principal Secretary, Building Construction Department, Government of Bihar.

2.

The Deputy Secretary cum Estate Officer, Building Construction Department, Government of Bihar.

3.

The District Magistrate, Patna.

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

For the Petitioner/s :

Mr. Mrigank Mauli, Sr. Advocate Mr.Sanket, Advocate For the Respondent/s :

Mr.Amit Prakash (GA-13) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-08-2023 1.

The present writ petition has been filed seeking the following reliefs:- "1. i) To issue appropriate writ(s), order(s), direction(s) in the nature of Mandamus directing the Respondent Authorities to allocate alternative land of 12.25 Decimal at a suitable place as decided in the meetings dated 17.11.2021 and 10.02.2022 (Annexure-P/7 and P/8) and in light of the representation

Patna High Court CWJC No.10454 of 2023(2) dt.01-08-2023 2/3 dated 25.08.2022 (Annexure-P/9) and in terms of direction issued by Respondent No. 3 vide Memo No.

6003 dated 07.10.2022 (AnnexureP/10).

ii) To issue appropriate writ(s), order(s), direction(s) in the nature of Mandamus compensate the Petitioner Society for the demolition of the building as decided in the meeting dated meetings dated 17.11.2021 and 10.02.2022 (Annexure-P/7 and P/8).

iii) To issue appropriate writ(s), order(s), direction(s) in the nature of Mandamus to issue commanding the Respondents to forthwith provide a suitable building for functioning of the Petitioner Society as ad hoc measure in which the currency chest can be constructed as per the guideline of the RBI and meeting of 500 members can be held as per the bye laws of Petitioner Society."

2.

At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the

Patna High Court CWJC No.10454 of 2023(2) dt.01-08-2023 3/3 petitioner to avail such other alternative remedies as are otherwise available under the law, for redressal of the aforesaid grievances. Liberty so sought is granted.

3.

The writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) S.Sb/- U