Primary Agricultural Credit Societies (Pacs) v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12693 of 2025 ====================================================== Primary Agricultural Credit Societies (PACS) Through its Chairman Kausal Kumar @ Kausal Kumar Rana, (male), Aged 27 about Year, Son of Krishn Dev Prasad, R/o- Siraha, Ward No. 05, P.S.- Pakaridyal, Dist- East Champaran, Bihar, 845414, Presently the petitioner is Chairman of Siraha PACS.

... ... Petitioner

Versus

1.

The State of Bihar through the Additional Chief Secretary, Ministry of Cooperation, Government of Bihar, Patna.

2.

The State Registrar of Cooperative Societies, Bihar, Patna. 3.

The Commissioner, Tirhut Division, Muzaffarpur. 4.

The District Magistrate, East Champaran.

5.

The District Cooperative Officer, District East Champaran at Motihari. 6.

The Sub Divisional Officer, Sub Division- Pakaridyal, District East Champaran.

7.

The Circle Officer, Circle Office Pakaridyal, Dist- East Champaran. 8.

The Block Development Officer, Block Office Pakaridyal, East Champaran. 9.

The Block Cooperative Officer, Block Office, Pakaridayal, East Champaran. 10.

The Block Supply Officer, Block Office, Pakaridayal, East Champaran. 11.

Dinesh Prasad, Son of Shri Vashudev Prasad, Village- Siraha, P.S.- Pakaridyal, Dist- East Champaran, The then Chairman of Primary Agricultural Credit Societies (PACS)- Siraha, P.S. and Sub Division Pakaridyal, District- East Champaran.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Anil Kumar, Advocate For the State :

Mr. Government Advocate (03) :

Mr. Shiv Kumar, AC to GA-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 07-08-2025 Heard learned counsel for the petitioner and learned counsel for the Respondent-State.

2. With the consent of both the parties, this writ application is being disposed of at the present stage itself.

2/4

3. In the present writ application, the petitioner has prayed for the grant of following reliefs:- "i) For issuance of an appropriate writ/writs, Order/orders,Direction/Direction s to grant Public distribution licence re-storing Licence no.

05/2012 for Siraha Primary Agricultural Credit Societies (PACS) to quash Memo no. 1603 order dated 6-7-2015 passed by Sub Divisional Officer, Subdivision Pakaridyal, DistrictEast Champaran by Calling the memo no. 1603 order dated 6-72015 passed by Sub Divisional Officer, Sub-division Pakaridyal, District- East Champaran.

Whereby and where that the license no. 05- 2012 which was in the name of the then chairman of PACS Siraha has been cancelled.

ii) To grant any other relief/reliefs, direction/directions, order/orders for which the petitioner is entitled under facts and circumstances of the case as well as on law."

4. Learned counsel for the petitioner submits that the

3/4 issue under consideration in this writ application has already been decided by a Division Bench of this Court vide judgment dated 17.11.2022 passed in CWJC No. 8160 of 2022 (AnnexureP/6) and he submits that he is prepared to file a detailed representation before the Sub Divisional Officer, Sub DivisionPakaridyal, District East Champaran (Respondent No. 6) in light of the judgment of the Division Bench of this Court vide judgment dated 17.11.2022 passed in CWJC No. 8160 of 2022 (Annexure-P/6) and he would be satisfied if an appropriate direction could be issued to the Sub Divisional Officer, Sub Division- Pakaridyal, District East Champaran (Respondent No.

6) to dispose of the representation of the petitioner on merit after giving an opportunity of hearing to the petitioner, by passing a reasoned and speaking order.

5. To this prayer being made by the learned counsel for the petitioner, the learned counsel for the Respondent-State does not have any objection.

6. Considering the limited nature of prayer being made by the learned counsel for the petitioner, this writ application is disposed of directing the petitioner to file a detailed representation before the Sub Divisional Officer, Sub Division- Pakaridyal, District East Champaran (Respondent No.

4/4

6) relying upon Division Bench judgment of this Court dated 17.11.2022 passed in CWJC No. 8160 of 2022 (Annexure-P/6). The representation must be filed by the petitioner within fifteen days from the date of production of a copy of this order. If such a representation is filed by the petitioner, the same shall be heard and disposed of on merit after giving an opportunity of hearing to the petitioner, by passing a reasoned and speaking order. The entire exercise must be carried out within a period of three months from the date of filing of the representation by the petitioner.

7. With the aforesaid observation and direction, this writ application is disposed of. All pending Interlocutory Applications, if any shall stand disposed of. (Alok Kumar Sinha, J) Gaurav Sinha/- U