Dr Rupam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15062 of 2024 ====================================================== Dr Rupam W/o Dr. Subhash Chandra and D/o Late D.N. Ram, Resident of Plot No. 270, Patliputra Colony, PS- Patliputra, Patna-800013. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Cooperative Society, Behar, Patna 2.

The Registrar, Cooperative Societies, Bihar, Patna. 3.

The District Cooperative Officer, Cooperative Societies Department, Patna district, Chhajubagh, PS-Kotwall, Patna- 800001. 4.

The Patliputra Co-operative House Construction Society Ltd., Patna-13 5.

The President, Patliputra Co-operative House Construction Society Ltd., Patna-13 6.

The Honorary Secretary, Patliputra Co-operative House Construction Society Ltd., Patna-13 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar For the Respondent/s :

Mr.Government Pleader (24) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 07-10-2024 Heard Ms. Roona, learned counsel for the petitioner and the State.

2. That this writ petition is being filed by the petitioner for following reliefs:

"(i) For issuance of an order/direction/appropriate writ commanding the Respondents to consider the case of the Petitioner for restoration of her membership of Patliputra Co-operative House Construction Society in capacity of being nominee of her father who died on 05.07.2022.

Patna High Court CWJC No.15062 of 2024(2) dt.07-10-2024 2/3 (ii) For a direction upon the Respondent Patliputra Co- operative House Construction Society Ltd. to consider the representation dated 06.04.2024 and 14.06.2024 as contained In Annexure-3 Series.

(iii) For quashing of part of the order dated 19.03.2023 passed by the Registrar Cooperative Society in Review Case No. 228 of 2012 whereby the Petitioner was restrained from grant of membership of any Cooperative Society within the jurisdiction of the Court of the Registrar, Cooperative Societies, Bihar and also the letter dated 05.04.2024 issued by the Patliputra Cooperative Society informing cancellation of membership.

(iv) Any other order/orders for which the petitioner is found entitled to in the facts and circumstances of the case."

3. Though the petitioner missed the bus by a decade inasmuch as the 2013 order was never challenged, the fact remains that the present order has been passed behind her back without issuance of notice.

4. The order vide Memo no 51 dated 05.04.2024 (Annexure-3 to the petition) of Patliputra Co-operative House Construction Society Ltd., Patna-13, no where shows that she was put on notice before the decision was taken.

Patna High Court CWJC No.15062 of 2024(2) dt.07-10-2024 3/3

5. In that background, the petitioner is advised to approach the Respondent no.2- the Registrar, Cooperative Societies, Bihar, Patna along with all her documents within four weeks from today.

6. This Court is convinced that though the petitioner did not challenge the earlier order of the year 2013, the same relates to Plot No. 261 whereas the present Plot No. 270 has been inherited by her after being transferred by her late father.

7. Respondent No.2- the Registrar, Cooperative Societies, Bihar, Patna is duty bound to look into the matter and after hearing the parties, pass an appropriate order within a period of three months from the date the petition is received in his/her office.

8. The petition stands disposed of.

(Rajiv Roy, J) perwez/- U