Bipin Bihari Prasad v. The Chairman, Magadh Central Cooperative Bank Ltd. And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1359 of 2017 ====================================================== Bipin Bihari Prasad Son of Late Dwarika Prasad, Resident of Sidharthpuri Colony, Road No.1, P.O. Buniadganj, P.S.- Manpur, District- Gaya, Pin823003. ... ... Petitioner/s

Versus

1.

The Chairman, Magadh Central Cooperative Bank Ltd. Gaya, Bihar 2.

The Managing Director, Magadh Central Co-operative Bank Ltd. Gaya, Pin823003. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Yugal Kishore :

Mr. Satya Ranjan Sinha For the Respondent.Bank:

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 14-11-2019 1.

The present writ petition has been filed seeking relief against the Magadh Central Co-operative Bank, Gaya, Bihar.

2.

At the outset, the learned counsel appearing for the respondent- Magadh Central Co-operative Bank submits that the present writ petition is not maintainable, inasmuch as the respondent-Co-operative Bank is not a State within the meaning of Article 12 of the Constitution of India since the Bank in itself is a Co-operative Society, managed by a duly constituted Managing Committee and the members of the Managing Committee are elected by the Members of the Bank. In this regard, the learned counsel for the respondent-Bank has relied

Patna High Court CWJC No.1359 of 2017 dt.14-11-2019 2/2 on a judgment reported in 2014 (1) PLJR 294 (Shivendra Kr. Singh v. Muzaffarpur Central Co-operative Bank Ltd. and others).

3.

At this juncture, the learned Senior counsel for the petitioner seeks liberty to approach the Registrar, co-operative Societies, Bihar, Patna so that the petitioner can seek redressal of his grievances.

4.

Having regard to the facts and circumstances of the case, the present writ petition stands disposed off with liberty to the petitioner to approach the Registrar, Co-operative Societies, Bihar, Patna by filing appropriate petition within a period of four weeks from today, whereupon the Registrar, Co-operative Societies, Bihar, Patna would adjudicate upon the same and pass final order within a period of six weeks thereafter. (Mohit Kumar Shah, J) rinkee/- AFR/NAFR NAFR CAV DATE NA Uploading Date 15.11.2019 Transmission Date NA