Nirbhay Kumar v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14289 of 2014 ======================================================
1. Nirbhay Kumar son of Sri Prabodh Kumar Thakur resident of village - Koariya Nizamad, P.S. - Paru, District - Muzaffarpur. .... .... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of CoOperation, Government of Bihar, Vikash Bhawan, Bailey Road, Patna.
2. The Principal Secretary, Department of Co-Operation, Vikash Bhawan, Bailey Road, Patna.
3. The Registrar, Co-Operative Societies, Vikash Bhawan, Bailey Road, Patna.
4. The Joint Registrar, Co-operative Societies, Tirhut Division, Muzaffarpur.
5. The District Co-Operative Officer, Muzaffarpur.
6. The Block Development Officer, Paru, Muzaffarpur. .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Adv. For the Respondent/s : Mr. M.K. Singh, S.C. 6 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 24-09-2015 Mr. Sanjay Kumar learned counsel for the petitioner and learned counsel for the State.
The petitioner questions the enrollment of the respondent No.7 as Member of the Koariya Nizamad, Primary Agriculture Credit Cooperative Society in the district of Muzaffarpur According to Mr. Sanjay Kumar, the enrolment of membership under Rule 7(4) of the Bihar Cooperative Societies Act is wholly illegal in view of the stipulations present in Rule 7(1). While making such submission it is also fairly admitted by Mr. Kumar that vires of the Rule 7(4) and the power vested in the said
Patna High Court CWJC No.14289 of 2014 (2) dt.24-09-2015 2/2 authorities to enrol members is under challenge in a writ petition pending before the Division Bench of this Court. He thus prays for disposal of the writ petition reserving liberty for the petitioner to raise this issue before the statutory authority in case the decision is drawn in his fovour.
The writ petition is disposed of with the liberty so prayed. (Jyoti Saran, J) Bibhash/- U