Chandra Bhushan Kashyap v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13386 of 2024 ====================================================== Chandra Bhushan Kashyap Son of Late- Harinandan Sharma, Resident of Village- Makarpur, Police Station- Makhdumpur, District- Jehanabad. ... ... 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, Jehanabad. 5.

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

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the Respondent/s :

Mr. Standing Counsel (26) ====================================================== 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 memo 262 dated 03.11.2023, memo no.

226 dated 25.09.2023, memo no. 154 dated 12.06.2024, memo no. 153 dated 11.06.2024, memo no. 107 dated 03.05.2024, memo no. 69 dated 20.03.2024, memo no. 167 dated 28.06.2024, memo no. 168 dated 28.06.2024 and memo no. 162 dated 20.06.2024, issued under signature of Assistant Registrar, Cooperative Societies, Jehanabad, Anchal Jehanabad whereby he has committed Jurisdictional error in passing the aforesaid impugned orders whereby a direction has been given to include the

Patna High Court CWJC No.13386 of 2024(2) dt.05-09-2024 2/2 names of applicants as newly added members/voters in the draft voter list 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 the respondent authorities not to give effect of the aforesaid letters and/or for issuance of such other order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case as 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