Amarendra Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13635 of 2014 ====================================================== Amarendra Singh, Son of Late Rajendra Prasad Singh, Resident of Village + P.O.- Rajandih, P.S.- Rajpur, District- Rohtas. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Secretary, Co-operative Department, Government of Bihar,Patna.

3. Registrar, Co-operative Societies, Bihar, Patna.

4. District Magistrate, Rohtas at Sasaram.

5. District Co-operative Officer, Rohtas at Sasaram.

6. Block Co-operative Officer, Nasriganj Block, District- Rohtas.

7. Sasaram- Bhabua Central Co-operative Bank Limited through its Managing Director, Head Office, Sasaram, District- Rohtas.

8. Branch Manager, Sasaram-Bhabua Central Co-operative Bank Limited, Nasriganj Branch, District- Rohtas.

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

For the Petitioner/s : Mr. Jitendra Prasad Singh Mr. Abhishek For the Respondent-State : Mr. Marut Nath Roy, AC to SC-25 For the respondent-Bank : Mr. Ishwari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 24-09-2015 Counsel for the parties are present.

Mr. Ishwari Singh, learned counsel representing the Sasaram Bhabhua Central Cooperative Bank Ltd. (hereinafter referred to as 'the Bank) has raised a preliminary objection with regard to the maintainability of the writ petition on grounds that the petitioner has prayed for issuance of a writ against 'the Bank' for issuance of a no dues certificate and that no writ lies against a cooperative society unless it is superseded and an administrator has been appointed by the State Government. The objection raised cannot be contested. The position

Patna High Court CWJC No.13635 of 2014 (2) dt.24-09-2015 is admitted and the relief is directed against 'the Bank' which is a cooperative society registered under the Bihar Cooperative Societies Act, 1935, for issuance of a no dues certificate. Faced with the situation Mr. Jitendra Prasad Singh, learned counsel appearing for the petitioner pays for disposal of the writ petition to enable the petitioner to take recourse to such other remedy as may be available to him in law. The writ petition is disposed of accordingly. (Jyoti Saran, J) SKPathak/- U