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Patna High CourtCWJC/23005/2019dismissed

Santosh Kumar Rai v. The State Of Bihar

2019-11-22The Chief Justice -,Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23005 of 2019 ====================================================== Santosh Kumar Rai S/o Late Ram Bhadra Rai Resident of Village- Mangraon, P.s.- Rajpur, Distt.- Buxar ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Co-operative Department, Govt. of Bihar, Patna 2.

The Principal Secretary Co-operative Department, Govt. of Bihar, Patna 3.

The Registrar Co-operative Department, Govt. of Bihar, Patna 4.

The District Magistrate-cum-Collector Buxar 5.

The District Co-operative Officer Buxar 6.

The Block Development Officer Rajpur in the district of Buxar 7.

The Block Co-operative Officer Rajpur in the district of Buxar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar, Adv.

For the Respondent/s :

Mr.Raj Ballabh Pd. Yadav (Aag11) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 22-11-2019 Heard learned counsel for the petitioner and learned counsel for the respondents.

Petitioner has prayed for the following relief:- "For issuance of a writ in the nature of mandamus directing and commanding the respondents to accept the membership of farmers who reside in Mangraon PACCS who have already applied applications in prescribed proforma for membership of Mangraon PACCS online or manually but till date the Chairman of Mangraon PACCS is sitting tight over the

Patna High Court CWJC No.23005 of 2019(2) dt.22-11-2019 2/2 matter and he has not sent any decision to the applicants individually/jointly after expiry of fifteen days time prescribed under the rule or fixed by this Hon'ble court vide order dated 27.08.2019 and further directing the respondents to accept the membership fee from the applicants of Mangraon PACCS and to publish the name of all applicants in the voter list as election for Mangraon PACCS are going to be held but the date of election was not declared."

Our attention is invited to the fact that the elections are already stand notified vide notification dated 31st of October, 2019.

If that were so, we are afraid, we cannot entertain the present petition and, therefore, dispose of the present writ petition reserving liberty to the petitioner to raise all issues before the concerned authorities in accordance with law. Our attention is also invited to such similar order dated 10.08.2009 passed in L.P.A. No. 1028 of 2009. (Sanjay Karol, CJ) ( Dinesh Kumar Singh, J) K.C.Jha/- U