Tripit Narayan Singh v. The State Of Bihar Through The Principal Secretary, Department Of Cooperative, Government Of Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2394 of 2017 Arising out of Miscellaneous Jurisdiction Case No. 3009 of 2014 ====================================================== Tripit Narayan Singh Son of Late Hirday Narayan Singh, R/o VillageAmokhari, P.S.- Sirdala, District- Nawada. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Cooperative, Government of Bihar, New Secretariat, Patna. 2.

Sri Amrit Lal Meena, Principal Secretary, Department of Cooperative, Government of Bihar, New Secretariat, Patna.

3.

Sri Narendra Prasad Mandal, the Registrar, Cooperative Societies, Department of Cooperative, Government of Bihar, New Secretariat, Patna. 4.

Sri Babu Raja, Managing Director-cum-Member Secretary, Nawada Central Cooperative Bank, Nawada.

5.

Sri Suresh Das, Managing Director, Bihar State Cooperative Bank Limited, Patna.

6.

Sri Krishna Chaudhary, Joint Registrar, Cooperative Societies, Magadh Division, Gaya.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rabi Bhushan Prasad, Advocate For the State :

Mr. Raj Ballabh Prasad Yadav, AAG 11 Ms. Archana, AC to AAG 11 For the Respondent No. 4 and 5 :

Mr. Bindhyachal Rai, Advocate For the Nawada Central C. Bank :

Mr. Bindhyachal Rai, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 09-08-2019 Heard learned counsel for the petitioner; learned counsel for the Nawada Central Cooperative Bank Limited and Bihar State Cooperative Bank Limited.

Patna High Court MJC No.2394 of 2017 dt.09-08-2019 2/3

2. In terms of order dated 17.07.2019, the Managing Director-cum-Member Secretary, Nawada Central Cooperative Bank Limited is present and has filed show cause.

3. The stand taken in the show cause is that the present application is totally misconceived. It has been stated that the original order of the writ Court dated 08.01.2013 passed in CWJC No. 19817 of 2010, required the petitioner to file appeal before the Joint Registrar, Cooperative Societies, who was to consider the same after giving opportunity of hearing to the parties and decide it by a speaking order within six months. The authority passed such order, as contained in Memo No. 253 dated 27.07.2013, in which direction was given to the Nawada Central Cooperative Bank Limited to pay the amount in the cadre fund of the petitioner. Thus, it was submitted that there was no occasion for the petitioner to file the present contempt application as no direction in order dated 08.01.2013 passed in CWJC No. 19817 of 2010, has been violated. Further, it has been stated that the petitioner had earlier filed MJC No. 3009 of 2014, which was disposed off on 19.05.2017, alleging disobedience of the same order of the writ Court dated 08.01.2013 passed in CWJC No. 19817 of 2010.

Patna High Court MJC No.2394 of 2017 dt.09-08-2019 3/3

4. Having gone through the pleadings, the Court finds the contention of learned counsel for the Nawada Central Cooperative Bank Limited to be correct. The conduct of the petitioner, in the considered opinion of the Court, is totally unjustified and the contempt petition is totally misconceived, for which the Court proposed to take strict view and pass appropriate orders.

5. At this stage, learned counsel for the petitioner submitted that he is no more alive.

6. Having regard to the aforesaid, the Court refrains from passing any strict order.

7. The application stands dismissed.

8. Personal appearance of the officer stands dispensed with.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U T