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Patna High CourtCWJC/15777/2024dismissed

Satish Kumar v. The State Of Bihar,

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15777 of 2024 ====================================================== Satish Kumar Son of Jagdev Prasad Resident of Village- Mahamadpur Abdal, Police Station- Ghoshi, District- Jehanabad.

... ... 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, Jehanabad. 5.

The Assistant Registrar, Co-operative Societies, Jehanabad. 6.

The Block Cooperative Extension Officer, Modanganj, Jehanabad. 7.

Arun Kumar Son of Ram Chandar Prasad R/o Village- Bholabigha, P.S.- Ghoshi, District- Jehanabad.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar For the Respondent/s :

Mr.Government Pleader (5) ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 21-10-2024 Heard the learned counsel for the petitioner as well as learned counsel for the State.

2. The petitioner is the Chairman of the PACS. The private respondent no. 7 Arjun Kumar, co-member of the PACS has filed an application before the District Co-operative Officer, Jehanabad to allot him the shares, which was forwarded to the Managing Committee of the PACS by the District Co-operative Officer, Jehanabad. A meeting was convened to take decision on the application of respondent no. 7 and vide resolution dated 14.10.2023 (Annexure-P/3), the Managing Committee decided

Patna High Court CWJC No.15777 of 2024(2) dt.21-10-2024 2/3 to take decision with regard to allotment of share to the private respondent no. 7 in the next meeting of the Managing Committee. Annexure-P/4 shows that the petitioner, who is the Chairman of Managing Committee directed the private respondent no. 7 through Annexure-P/4 dated 16.10.2023 to deposit the money for allotted share.

3. Learned counsel for the petitioner has submitted that it is the jurisdiction of the Managing Committee to take decision of allotment of share to the members, which was usurped by the District Co-operative Officer, Jehanabad and on the order of the District Co-operative Officer, Jehanabad, the allotment money was deposited by private respondent no. 7.

4. It appears that the application of private respondent no. 7 for allotment of shares was taken into account by the Managing Committee through its resolution dated 14.10.2023 (Annexure-P/3) but it was not finally decided rather it was resolved that the same will be decided in the next meeting. There is no explanation as to why, the next meeting was not convened. The application of the private respondent no. 7 has been delayed without making any explanation.

5. I do not see any reason to interfere with the order of the District Co-operative Officer, Jehanabad whereby he has

Patna High Court CWJC No.15777 of 2024(2) dt.21-10-2024 3/3 directed the private respondent no. 7 to deposit the money for allotment of shares.

6. Accordingly, the present writ petition is dismissed. (Nawneet Kumar Pandey, J) Nirmal/AKV U