Patna High CourtCWJC/865/2015dismissed

Mitra Mandal Co-Operative Grih Nirman Samitee Ltd. And ANR v. The State Of Bihar And ORS

2015-10-01Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.865 of 2015 ======================================================

1. Mitra Mandal Co-operative Grih Nirman Samitee Ltd. Mitra Mandal Colony, Anisabad Colony, Patna

2. Shri Daroga Rai, Honorary Secretary, Mitra Mandal Co-operative Grih Nirman Samitee Ltd. Mitra Mandal Colony, Anisabad Colony, Patna .... .... Petitioner/s

Versus

1. The State of Bihar

2. Registrar, Co-operative Societies, Government of Bihar, New Sachiwalya, Patna

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

4. Mr. Ashok Rai, resident of Mohalla-Hasanpur, Chaintola, P.S. Kadamkuan, District-Patna .... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Pritam Kumar, Advocate For the Respondent/s : Mr. Sanjay Pandey, GP-21 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 01-10-2015 The writ petition is full of conflicting stands and which shows that the petitioner has not approached this Court with clean hands.

The writ petition was filed questioning the orders passed by the statutory authorities under the Bihar Cooperative Societies Act, 1935 and the rules framed thereunder. The writ petitioner no. 2 claiming to be the Secretary of petitioner no. 1 filed the writ petition. This court considering the rival contentions and the plea of the petitioner society that it was not in a position to comply with the orders impugned in its entirety, vide order passed on 19.8.2015 directed the private respondent to appear before the petitioner no. 2 with all the papers for exploring a possible settlement. A counter affidavit is filed by respondent no. 4 in

Patna High Court CWJC No.865 of 2015 (8) dt.01-10-2015 which he states that the petitioner no. 2 refused to meet the private respondent on grounds that he is no more the Secretary of the Society as he has resigned. If the petitioner had already resigned from the post of Secretary, he had no business to file this writ petition and waste the precious time of this Court. The writ petition is dismissed.

(Jyoti Saran, J) S.Sb/- U