Patna High CourtCWJC/2768/2016disposed

Anand Prakash v. The State Of Bihar And ORS

2018-01-31Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2768 of 2016 ======================================================

1. Anand Prakash, S/O Shri Chamcham Singh, resident of Village- Sowal, P.S.- Tekari, District- Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Registrar, Co-operative Society, Bihar, Patna.

3. The District Magistrate-cum- District Election Officer (PACS), Gaya.

4. The Joint Registrar, Co-operative Society, Magadh Division, Gaya.

5. The District Co-operative Officer, Gaya.

6. The Block Development Officer-cum-Election Officer, Tekari, Gaya.

7. The State Election Authority through the Chief Election Officer, Bihar, Patna.

8. The Joint Secretary, Bihar State Election Authority.

9. The Chairman, Lao PACS, Tekari, Gaya.

10. The Secretary, Lao PACS, Tekari, Gaya.

11. Mr. Krishna Gopal Singh, son of Vijay Sharma, resident of VillageSowal, P.S.- Tekari District- Gaya, at present Chairman of Lao PACS Tekari, Gaya.

12. Mr. Anil Kumar, son of Kamlesh Singh, resident of VillagePanchmahalla, P.S.- Tekari, District- Gaya (Ex Chairman of Lao PACS, Tekari, Gaya).

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

For the Petitioner/s : Mr. Ranjit Kumar For the Respondent/s : Mr. M.K. Sinha- Sc1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 31-01-2018 Heard learned counsel for the petitioner and learned counsel for the State.

This writ petition has been filed by the petitioner for quashing the order dated 17.12.2015 passed by the Joint Registrar, Co-operative Societies, Magadh Division, Gaya in Misc. Case No.06 of 2015-16 in exercise of power conferred under Section 48 of the Bihar Co-operative Societies Act, 1935 (for short 'Act').

Patna High Court CWJC No.2768 of 2016 (3) dt.31-01-2018 2/2 Sub-section (6) of Section 48 of the Act stipulates that any person aggrieved by any decision given in dispute transferred or referred under clause (b) or (c) of sub-section (2) may file an appeal before the Registrar, Co-operative Societies. Instead of filing the statutory appeal, the petitioner has challenged the order passed by the Joint Registrar, Co-operative Societies by filing present writ petition.

In view of the equally efficacious statutory remedy having been available to the petitioner, I am not inclined to entertain the present writ petition in exercise of extra-ordinary jurisdiction under Article 226 of the Constitution of India.. The application is dismissed accordingly.

(Ashwani Kumar Singh, J) Pradeep/- U