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Patna High CourtCWJC/15169/2024dismissed

Prem Shankar Sinha v. The State Of Bihar,

2024-10-07Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15169 of 2024 ====================================================== Prem Shankar Sinha Son of Vijay Bhushan Prasad Resident of VillageKudro, Police Station- Bounsi, District- Banka. ... ... Petitioner/s

Versus

1.

The State of Bihar, through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Additional Chief Secretary, Department of Cooperation, Vikash Bhawan, New Secretariat, Patna.

3.

The Registrar, Co-operative Societies, Bihar, Patna. 4.

The District Co-operative Officer, Banka.

5.

The Assistant Registrar, Co-operative Societies, Banka. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar, Adv.

For the Respondent/s :

Mr. Additional Advocate General (4) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 07-10-2024 Heard Mr. Sanjay Kumar, learned counsel for the petitioner and the State.

2. The present writ petition has been preferred for the following relief(s):

That this is an application for issuance of a writ in the nature of certiorari for quashing the letter no.149 dated 01.06.2024 issued under signature of Assistant Registrar, Cooperative Societies, Banka Anchal Banka whereby he has committed Jurisdictional error in passing the aforesaid impugned order on Membership Appeal in purported exercise power under rule 7(2) of the Bihar Cooperative Societies Rules, 1959 and further also to quash the part of the order as contained in letter no.

Patna High Court CWJC No.15169 of 2024(2) dt.07-10-2024 2/2 10124 dated 06.12.2022 issued under signature of the Registrar Cooperative Societies, Bihar, Patna whereby in case the applicant chooses to file an online appeal before the Assistant Registrar, Cooperative Societies in terms of membership dispute then the appeal shall be deemed to be filed under Rule, 7(2) of the Bihar Cooperative Societies Rule, 1959 (hereinafter referred to as "Rules 1959") and further the petitioner prays for issuance of the writ in the nature of mandamus commanding and directing not to give effect of the 149 dated 01.06.2024 and/ or for issuance of such other order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances stated hereunder.

3. After some argument, learned counsel for the petitioner submits that he will be approaching the appropriate authority for the redressal of the grievance.

4. Without commenting on the merit of the case, the writ petition stands dismissed.

(Rajiv Roy, J) Vijay Singh/- U