Birjan Thakur v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21607 of 2011 ====================================================== BIRJAN THAKUR S/O Late Jagarnath Thakur Resident Of Village-Bahuara, P.S- Jagdishpur, Dist- Bhojpur.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Secretary, Co-operative Department, Govt. Of Bihar, Patna.

2.

The Bihar State Land Development Bank Budh Marg Patna 1 3.

The Registrar Co- Operative Societies, Govt. Of Bihar, Patna. 4.

The Managing Director, Bihar State Land Development Bank, Budh Marg Patna.

5.

The Secretary, B.S.L.D., Bank, Budh Marg, Patna. 6.

The Regional Manager B.S.L.D., Bank Ara Bhojpur. 7.

The Branch Manager, L.D.B. Bhojpur At Ara.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr.Gautam Bose AAG 8 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 25-02-2020 None appears for the petitioner.

Counsel for the respondents-Bank however, raises an objection regarding maintainability of the instant proceedings in so far as relief is claimed against a cooperative society under Article 226 of the Constitution of India.

Reliance is placed on the decision reported in 2014(I) PLJR page 695, it is submitted that Special Bench of this court in para 47 of the judgment has held that proceedings under Article 226 of the Constitution of India are not maintainable against a cooperative society.

Patna High Court CWJC No.21607 of 2011(5) dt.25-02-2020 2/2 Since none appears for the petitioner without going into the merits of submission advanced by counsel for the cooperative society, writ petition is dismissed for want of prosecution.

(Madhuresh Prasad, J) s.hassan/- U