Shiv Kumar Sahni v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11574 of 2012 ====================================================== Shiv Kumar Sahni S/O Late Thakko Sahni R/O Mohalla- Bakerganj, P.O. & P.S.- Laheriasarai, District- Darbhanga .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Registrar, Co-Operative Societies, Bihar 'Vikash Bhawan', 2nd Floor, Room No. 256, Jawaharlal Nehru Marg, Patna-800015

3. The Divisional Joint Registrar Co-Operative Societies, Darbhanga Division, Darbhanga

4. The District Co-Operative Officer, Darbhanga

5. The Assistant Registrar Co-Operative Societies, Darbhanga Circle, Darbhanga

6. Shri Manoj Kumar Singh, Ex In-Charge Assistant Registrar CoOperative Societies, Darbhanga Circle, Presently Posted As District Co-Operative Officer, Darbhanga

7. Smt. Kavita Agneya W/O Shri Suresh Sahni Ex-Chairman, Erstwhile Darbhanga Prakhand Matsyajeevi Swawlambi Sahkari Samiti Ltd., Shivajinagar, Darbhanga And R/O Mohalla- Nakhash Machuatoli, P.S.- Malsalami, District- Patna

8. The Chairman, Bihar State Co-Operative Tribunal 'Biscomaun Bhawan', West Of Gandhi Maidan,Patna-800001 .... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Arun Kumar For the Respondent/s : Mr. Manikant Mishra Gp25 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 24-09-2015 Counsel for the parties are present and have been heard. The petitioner questions amalgamation of the erstwhile the Darbhanga Prakhand Matsyajeevi Sawawlambi Sahkari Samiti Limited registered under the provisions of the Bihar Self Supporting Cooperative Societies Act, 1996 (hereinafter referred to as the '1996 Act') with the Darbhanga Prakhand Matsyajeevi

Patna High Court CWJC No.11574 of 2012 (3) dt.24-09-2015 Sahyog Samiti Limited registered under the provisions of the Bihar Cooperative Societies Act, 1935 (hereinafter referred to as the '1935 Act').

It is stated that the societies have been amalgamated under the provisions of Section 11B of the '1935 Act'. Mr. Arbind Kumar Singh, learned counsel for the petitioner submits that the amalgamation is an act of fraud. The amalgamation took place in January, 2011 and has continued for all the four years.

In the circumstances, this Court is not persuaded to interfere with the amalgamation order. The writ petition is disposed of.

(Jyoti Saran, J) S.Sb/- U