Prem Shankar Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11879 of 2024 ====================================================== Prem Shankar Sinha Son of Vijay Bhushan Prasad, Resident of VillageKudro, Police Station - Bounsi, District - Banka. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Additional Chief Secretary, Department of Cooperation, Vikash Bhawan, New Secretariat, Patna.

3.

The Registrar, Co-operative Societies, Bihar, Patna. 4.

The District Co-operative Officer, Banka.

5.

The Assistant Registrar, Co-operative Societies, Banka. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar For the Respondent/s :

Mr.Government Pleader 13 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 05-09-2024 Heard the parties.

2. The present writ petition has been preferred for grant of the following relief/s:- "for issuance of a writ in the nature of certiorari for quashing the letter no. 149 dated 01.06.2024 issued under signature of Assistant Registrar, Cooperative Societies, Banka Anchal Banka whereby he has committed Jurisdictional error in passing the aforesaid impugned order whereby a direction has been given to include the names of newly added members/voters in the draft voter list

Patna High Court CWJC No.11879 of 2024(3) dt.05-09-2024 2/2 as their names were included on the basis of decision on Membership Appeal in purported exercise power under rule 7(2) of the Bihar Cooperative Societies Rules, 1935 and further the petitioner prays for issuance of the writ in the nature of mandamus commanding and directing not to give effect of the letter no. 149 dated 01.06.2024 and/or for issuance of such other order or orders as this Hon'ble Court may deem fir and proper in the facts and circumstances stated hereunder".

3. In view of the objection raised by the learned State counsel on the status of the petitioner who has approached this Court in his individual capacity, learned counsel for the petitioner submits that he may be granted liberty to rectify the defect by withdrawing the present writ petition and do the needful later.

4. Granting said liberty and without making any comment on the merit of the case,the writ petition stands disposed of.

(Rajiv Roy, J) Ankit Kumar/- U