← Library
Patna High CourtCWJC/15548/2024disposed

Allahabad Bank Employees Thrift And Credit Cooperative Societies Limited v. Union Of India

2024-10-21Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 15548 of 2024 ====================================================== 1.

Allahabad Bank Employees Thrift and Credit Cooperative Societies Limited Indian Bank (Allahabad) Patna Main Branch Campus Budha Marg, Patna, P.O.- G.P.O., P.S.- Kotwali, District - Patna through its Secretary Sanjay Kumar (male), aged about- 60 years, son of Sri Prithvi Prasad Singh, resident of S.D. Complex F-1, Abhiyanta Nagar, Ashiana, P.O.- Ashiana, P.S.- Rajiv Nagar, District - Patna.

2.

Sanjay Kumar, Son of Sri Prithvi Prasad Singh, resident of S.D. Complex F1, Abhiyanta Nagar, Ashiana, P.O.- Ashiana, P.S.- Rajiv Nagar, District - Patna, the Secretary, Allahabad Bank Employees Thrift and Credit Cooperative Societies Limited, Indian Bank (Allahabad), Patna Main Branch Campus, Budha Marg, Patna, P.O.- G.P.O., P.S.- Kotwali, District - Patna. ... ... Petitioner/s

Versus

1.

Union of India through the Minister of Cooperation, Government of India, 9th Floor, Tower- E, World Trade Centre, Nauroji Nagar, New Delhi. 2.

The Central Registrar, Cooperative Societies, 9th Floor, Tower- E, World Trade Centre , Nauroji Nagar, New Delhi.

3.

The Assistant Commissioner, Cooperation Office of the Central Registrar, Cooperative Societies, 9th Floor, Tower- E, World Trade Centre, Nauroji Nagar, New Delhi.

4.

The State of Bihar, through the Additional Chief Secretary, Department of Cooperative, Government of Bihar, Patna.

5.

The Registrar, Cooperative Societies, Bihar, Patna. 6.

The State of Jharkhand, through the Principal Secretary, Department of Cooperative, Government of Jharkhand, Ranchi. 7.

The Registrar, Cooperative Societies, Jharkhand at Ranchi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. S.B.K. Manglam, Adv with Mr. Awnish Kumar, Adv For the State :

Mr. Additional Solicitor General 7 For the State of Jharkhand:

Mr. Sanjay Prakash Verma, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 21-10-2024 Nobody appears on behalf of the Union of India, however, learned counsel for the petitioners, learned counsel for the State and learned counsel for the State of Jharkhand are

Patna High Court CWJC No. 15548 of 2024(2) dt.21-10-2024 2/3 present.

2. Learned counsel for the petitioners submits that petitioner no. 1 is the registered society, operating in the State of Bihar before re-organization of the State of Jharkhand. It was registered under the Bihar Co-operative Societies Act, 1935 in the year 1974 and the petitioner no. 1 (the registered society) was also functioning in the portion of undivided State of erstwhile Bihar which is presently situated in the State of Jharkhand.

Learned counsel for the petitioners further submits that as per provision of Section 103 of the Multi State Cooperative Societies Act, 2002 (hereinafter referred to as the "Act") that after re-organization of the State, if a society is functioning in the re-organized State, it has to be registered under the provision of Section 103 of the "Act" and it has to be registered by the Central Registrar of Co-operative Societies (Ministry of Co-operation, Government of India). The application for registration of petitioner no. 1 is pending before the Central Registrar since 22.07.2004 but still the registration certificate has not been issued. It is next submitted that vide Annexure-P/7, a letter was sent from Assistant Commissioner, Co-operative Societies dated 12.08.

Patna High Court CWJC No. 15548 of 2024(2) dt.21-10-2024 3/3 Act.

3. It appears that the application for registration of petitioner no. 1 is pending since 2004 and even after lapse of prolonged delay, it has not been decided up-till now.

4. The respondent no. 2, Central Registrar of Cooperative Societies (Ministry of Co-operation, Government of India) is directed to dispose of the application of petitioner no. 1 within a period of three months.

5. With these observations, this writ petition stands disposed of.

(Nawneet Kumar Pandey, J) Arish/- U