Kailash Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21456 of 2019 ====================================================== 1.

Kailash Prasad Yadav Son of Duli Chandra Yadav, Agent Code-CRP 116100022, Resident of House No. 110,Amrudi Gali, Nala Road, Arya Kumar Road, Bankipore, P.S.-Kadamkuan, District and Town-Patna, BIhar800004. 2.

Vinita Jha Daughter of Jay Mohan Thakur, Agent Code- CRP 116100008, Resident of Mohalla-West Shivpuri Anisabad, P.S.-Gardanibagh, District and Town-Patna, BIhar-800002.

3.

Usha Kumari Wife of Kalish Prasad Yadav, Agent Code-118700003, Resident of House No. 110, Amrudi Gali, Nala Road, Arya Kumar Road, Bankipore, P.S. Kadamkuan, District and Town- Patna, Bihar- 800004 ... ... Petitioner/s

Versus

1.

The State of Bihar through the Registrar of Co-operative Societies, Governemnt of Bihar, New Secretariat, Vikas Bhawan, Patna,800001. 2.

Joint Registrar, Co-operative Society, Patna Division, Patna. 3.

The District Magistrate, Patna.

4.

The District Co-operative Officer/ District Auditor Officer, Co-operative Society, Patna.

5.

Managing Director, The BIhar State Co-operative Bank Limited, Ashok Raj Path, Patna.

6.

The Managing Director, The Patna Central Co-operative Bank Limited, Patna.

7.

Jawahar Lal Sah, Chief Executive Officer, Mahua Joint Liability Group Development Cooperative Society Limited, Regd. Office, 508, G.V. Mall, West Boring Cannel Road, Patna P.S.-S.K. Puri, District and Town-Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar Chakravarti, Advocate For the Respondent/s :

Mr. Balram Kapri, AC to SC 26 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-07-2023 On 28.06.2023, erroneously a different prayer was incorporated in the order which is not related to the present case.

Patna High Court CWJC No.21456 of 2019(4) dt.24-07-2023 2/3 The present writ petition has been preferred for issuance of an appropriate writ order or direction particularly in the nature of writ of mandamus directing the respondents to repay the deposited amount with interest to the members of Mahua Joint Liability Group Development Co-operative Society Limited, Regd. Office, 508, G.V. Mall, West Boring Canal Road, Patna, P.S.- S.K.Puri, District & Town- Patna under the agent codes of the petitioners.

Heard the parties.

A counter affidavit was filed on behalf of the Respondent No. 4, the District Co-operative Officer, Patna and in paragraph 6, it has been stated that for settlement of dispute under section 39 of the Bihar Self Supporting Cooperative Society Act, 1996, a separate body i.e. Bihar Co-operative Tribunal has been constituted which can take care of the case of the petitioners.

There is no rejoinder to the said counter affidavit filed on 03.02.2021.

Accordingly, the writ petition stands disposed of with a direction to the petitioner to move before the appropriate Authority as envisaged in paragraph 6 of the counter affidavit who shall take decision, if any.

Patna High Court CWJC No.21456 of 2019(4) dt.24-07-2023 3/3 If such petition is filed within four weeks from today, the same shall be decided within the next three months thereafter.

(Rajiv Roy, J) Neha/- U