Alok Kumar Shrivastava v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21562 of 2012 ====================================================== Alok Kumar Shrivastava, Son of Late Anjani Kumar Shrivastava, Resident Of Plot No.- B-87, Biscomaun Karmchari Sahkari Grih Nirman Samiti Ltd., Village- Sandalpur, P.S.- Alamganj, District- Patna and at present residing at Flat No.- 203, Sri Yamuna Apartment, Near Over Bridge, Anantpur, Ranchi .... .... Petitioner/s

Versus

1. The State of Bihar through the Secretary, Co-Operative Department, Govt. of Bihar, Patna

2. The Registrar, Co-Operative Societies, Bihar, Patna

3. The Chairman, Bihar State Co-Operative Marketing Union Biscomaun Bhawan, Patna

4. The Managing Director, Biscomaun State Co-Operative, Marketing Union, Biscomaun Bhawan, Patna

5. The Secretary, Bihar Co-Operative Marketing Union, Biscomaun Bhawan, Patna

6. The Secretary, Biscomaun Karamchari Grih Nirman Samiti, Sandalpur, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 12-01-2016 Heard Mr. Krishna Kant Singh for the petitioner, Mr. Amarnath Deo for the Bihar State Co-operative Marketing Union (for short BISCOMAUN) and the counsel for the State. Mr. Deo appearing for the BISCOMAUN sought permission of the Court to withdraw the counter affidavit which was earlier filed on behalf of BISCOMAUN.

The prayer is allowed.

The writ application questions the legality of the

Patna High Court CWJC No.21562 of 2012 (4) dt.12-01-2016 2/2 order dated 19.07.2012 (Annexure-1), passed by the Managing Director, BISCOMAUN.

Mr. Deo on going through the pleadings fairly states that he is not in a position to defend the order impugned in the present writ application. There is agreement at the Bar that the matter be remitted to the authority for fresh consideration after setting aside the order dated 19.07.2012.

Considering the above, the writ application is allowed. The order dated 19.07.2012, Annexure-1 is set aside. The matter is remitted back to the respondent Managing Director, BISCOMAUN for passing a fresh order in accordance with law after granting opportunity of hearing to the petitioner. (Kishore Kumar Mandal, J) Rajesh/- U