Amrit Nath Jha And ORS v. The Union Of Through Its Secretary Sri S. K. Patnayak, Ministry Of Agricultue, Department Of Agricu

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3296 of 2017 In Civil Writ Jurisdiction Case No.2961 of 2017 ====================================================== 1.

Amrit Nath Jha, son of late Shashi Nath Jha resident of Village- Pali Gauth, Police Station Benipatti, Dist. Madhubani. 2.

Vinay Kumar Mishra, son of Sri Devendra Mishra, Resident of Village Meghaul, P.S. Pandaul, Dist. Madhubani.

3.

Hari Kumar Gupta, son of late Yogi Prasad Gupta, Resident of Village Rajaun Pali, P.S. Kamtaul, Dist. Madhubani.

4.

Mohar Chand Das, son of Sri Narayan Das, Resident of Village Bardaha, P.S. Bisphi, Dist. Madhubani.

5.

Chandan Kumar Jha, son of Sri Raj Kumar Jha, resident of Village Meghaul, P.S. Sakri, Dist. Madhubani.

6.

Manoj Kumar Jha, son of late Krishna Mohan Jha, resident of village Sarisab, P.S. Benipatti, Dist. Madhubani.

... ... Petitioner/s

Versus

1.

The Union of Through Its Secretary Sri S. K. Patnayak, Ministry Of Agricultue, Department of Agriculture & Co Operative, New Delhi. 2.

Mr. K.S. Bhorea, the Joint Secretayr, Ministry of Agriculture and Cooperative, Krishi Bhawan, New Delhi. 3.

Mr. K.S. Bhorea, the Joint Secretary to the Government of India & Central Registrar of Co-operative Society, Office of Central Registrar, Cooperative Society, Krishi Bhawan, New Delhi. 4.

Mr. Jitendra Nagar, the Director (Co-operation) Department of Agriculture & Co-operation, Ministry of Agriculture, Krishi Bhawan, Room No.333, New Delhi 110001.

5.

The State of Bihar through Mr. Chaintnya Prasad, the Principal Secretary, Departmnt of Co-opeative, New Secretariat, Patna. 6.

Sri Narnedra Prasad Mandal, the Registrar, Co-operative Societies, Governemnt of Bihar, New Secretariat, Patna.

7.

Mr. S.A. Shok, the District Magistrate, Madhubani. 8.

Mr. Deepak Barnwal, the Superintndent of Police, Madhubani. 9.

Mr. Arun Kumar Rai, the Officer-in-Charge, Station House Officer, Madhubani.

10.

Binod Kumar, the Officer-in-Charge, Khajauli Police Station, Madhubani.

11.

Jyoti Credit & Savings Swablambi Sahkari Samiti Ltd. through its President having its office at 2, Dharmveer Market, Mathura Road, Dadarpur, New Delhi.

12.

Vinod Kumar, son of Sri Gopal Dubey, resident of Bhagwanpur Chowk, Alkapur, Muzaffarpur and present holding the post of President of the Managing Body of Jyoti Credit and Saving Swablambi Sahkari Samiti Ltd. having its Office at 2, Dharmveer Market, Mathura Road, Badarpur, New Delhi 110044.

13.

Rakesh Kumar, son of Sri Durga Nand Jha, Resident of Bhawanipur, P.S. Pandaul, Dist. Madhubani, at present holding the post of Vice President of the Jyoti Credit and Sahakari Saving Swablambi Sahkari Samiti Ltd.

Patna High Court MJC No.3296 of 2017(3) dt.05-09-2018 2/3 having its Office at 2, Dharmveer Market, Mathura Road, Badarpur, New Delhi 110044.

14.

Natoo Nath Jha son of late Bilat Jha, resident of Raji Road, Maripur, Muzaffarpur at present holding the post of General Secretary of Jyoti Credit and Saving Swablambi Sahkari Samiti Ltd. having its office at 2, Dharmveer Market, Mathura Road, Badarpur, New Delhi 110044. 15.

Shailendra Thakur, son of Mahachandra Thakur, resident of Village Shahpur, P.S. Pandaul, Dist. Madhubani at present holding the post of Deputy Secretary of Jyoti Credit and Saving Swablambi Sahkari Samiti Ltd. having its office at 2, Dharmveer Market, Mathura Road, Badarpur, New Delhi 110044.

16.

Vijay Kumar Pathak, son of Shyma Kant Pathak, resident of Gajhara, P.S. Ladania at present holding the post of Treasurer of Jyoti Credit and Saving Swablambi Sahkari Samiti Ltd. having its office at 2, Dharmveer Market, Mathura Road, Badarpur, New Delhi 110044. ... ... Opp. Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailendra Kumar Jha, Adv.

For the Respondent/s :

Mr. S.D Sanjay (Addl. Soc. Gen.) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 05-09-2018 Heard learned counsel for the petitioners and counsel for the State.

The present contempt application has been filed for initiating a contempt proceeding against the opposite parties for non-compliance of the order of this Court dated 9.5.2017 passed in C.W.J.C. No. 2961 of 2017.

This Court had disposed of the writ application, C.W.J.C. No. 2961 of 2017 on 9.5.2017, which reads as follows:- "Learned counsel for the petitioner has primarily raised a grievance that the Society is not functioning in terms of its bye-laws, has committed serious irregularities in running its society and causing prejudice to the depositors.

Patna High Court MJC No.3296 of 2017(3) dt.05-09-2018 3/3 The limited prayer is with regard to cancellation of the registration of the Society. For this relief, the petitioner should approach to the Central Registrar of the Co-operative Society, Co-operative Society, Krishi Bhawan, New Delhi (Respondent No.3) under the MultiState Cooperative Society Act and he will take action in accordance with law and dispose of the application within a period of four months from the date of filing of the application.

With the aforementioned observation, this application is disposed of."

Thereafter, the Deputy Director (Co-operation) issued a letter to the Chief Executive Officer/Chairman, Jyoti Credit & Savings Swablambi Sahakari Samiti Ltd. whereafter again the letter was issued by Additional Commissioner (Co-operation) dated 30.11.2017 and started the process of winding up of that Society.

This Court hopes and trusts that the final action will be taken by the Authority not beyond the period of six months from today.

As already the steps have been taken, there is no need to proceed further.

(Shivaji Pandey, J) rishi/- U