Raghuvansh Narain Singh And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No 7255 of 2016 ===========================================================
1. Raghuvansh Narain Singh son of Late Ramphal Singh Village- Vyas Chak, (Chak Vyas), P.O. and P.S. Goraul, District- Vaishali.
2. Shailendra Kumar Pandey, son of Late Nawal Kishore Pandey, Village and P.O.- Akhtiyarpur Patera, Police Station- Rai, District- Vaishali.
3. Krishnadeo Singh, son of Late Satya Narain Singh, Village and P.O.- Chak Shingar, Police Station-Judawanpur, District- Vaishali.
4. Sudhi Ranjan Prasad, son of Shri Shiv Narain Prasad Mishra, Village- Chand Sarai, Police Station- Mahua, District- Vaishali.
5. Jag Lal Paswan, son of Shri Raghu Paswan, Village- Goraul, Police StationMahua, District- Vaishali. .... .... Petitioner/s
Versus
1. The State of Bihar through its Principal Secretary, Co-operative Department, Government of Bihar, Patna.
2. The Registrar, Co-operative Societies, Bihar, Patna
3. The Vaishali District Central Co-operative Bank Ltd., Hajipur, through its Managing Director.
4. The Managing Director, the Vaishali District Central Co-operative Bank Ltd., Hajipur.
5. Bisundeo Rai, Chairman, the Vaishali District Central Co-operative Bank Ltd., Hajipur.
6. The Public Relation Officer, Co-operative Societies, Bihar, Patna. .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr Rajeev Kr Verma, Sr Advocate with M/s Ishwari Singh & S K Mishra, Advocates For the S t a t e : Mr Arvind Kr Singh, AC to GP 26 For Respondent No 5: Mr Rakesh Kumar Jha, Advocate For Respondents 3&4: Mr Sanjay Kumar, Advocate =========================================================== CORAM: HON'BLE MR JUSTICE NAVANITI PRASAD SINGH And HON'BLE JUSTICE SMT NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR JUSTICE NAVANITI PRASAD SINGH) Date: 09-08-2016 As all the parties have appeared, with their consent, we have
Patna High Court CWJC No.7255 of 2016 dt.09-08-2016 heard the matter at length for the purpose of disposal of the matter at this stage itself.
2 The petitioners claim that they were Members of the Governing Body of Vaishali District Central Cooperative Bank Limited, Hajipur (for brevity, the Bank). The Bank has a substantial piece of land on which is the old building of the Bank. It appears that in a meeting of the Managing Committee, a decision was proposed that the Bank should demolish the old building and construct a new building from its own funds that is the money deposited by the shareholders being the shareholders' money. The petitioners objected on the ground that there is a decision, as contained in Memo No 209 dated 12.01.
2016 (Annexure 1) of State Government in the Department of Registration and Cooperative Societies, in which State Government has evinced its intention to finance the Cooperative Banks to make a building complex known as Cooperative Building, housing various Cooperatives and their Offices. It would be one composite building. Their objection was that if funds are available from the Government and there is a Government scheme for the larger interest, a singular new building to house only Cooperative Bank would not be an appropriate decision apart from the fact that the Cooperative may not have sufficient funds for such a construction which would result in non-utilization of the land.
Patna High Court CWJC No.7255 of 2016 dt.09-08-2016 3 In our opinion, it is not a matter which this Court should get involved in. If the petitioners are aggrieved, it is open for them to move the Registrar, Cooperative Societies, Bihar, Patna (respondent No 2) or the State Government who would consider their grievance and take necessary decision in that regard at the earliest possible but not later than three months from today.
4 This disposes of the writ application.
(Navaniti Prasad Singh, J) (Nilu Agrawal, J) U M.E.H./-