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Patna High CourtCWJC/24147/2019disposed

Ajay Kumar Singh v. The State Of Bihar

2019-12-05Mr. Justice Ahsanuddin Amanullah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 24147 of 2019 ====================================================== 1.

Ajay Kumar Singh, aged about 42 years, Son of Jagdish Singh, resident of village- Chhata, Panchayat- Jewari, Block- PS.- Durgawati, DistrictKaimur. 2.

Ajit Singh, aged about 35 years, Son of Baleshwar Singh, resident of Jewari, Pachlikhi, P.S.- Durgawati, District- Kaimur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Co-Operative Department, Government of Bihar, Patna.

2.

The Registrar, Co-operative Society, Bihar, Patna. 3.

The Deputy Registrar, Co-operative Society, Bihar, Patna. 4.

The District magistrate-cum-Collector, Kaimur at Bhabhua. 5.

The Bihar State Election Authority through the Secretary, 32, Harding Road, Patna.

6.

District Cooperative Officer-cum-Assistant Registrar, Cooperative Society, Kaimur.

7.

Block Co-Operative Officer cum Election Officer cum Registring Officer, Jewari PACS, Durgawati, P.S.- Durgawati, District- Kaimur (Bhabhua). 8.

The Managing Committee, Jewari PACS, P.S.- Durgawati, District- Kaimur (Bhabhua).

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

For the Petitioner/s :

Mr. Sumeet Kumar Singh and Mr. Gaurav Prakash, Advocates For the State :

Mr. Jitendra Kumar, AC to AAG 11 For the Election Authority :

Mr. Mukesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 05-12-2019 Heard learned counsel for the petitioners; learned AC to AAG 11 for the State and learned counsel for the State Election Authority.

Patna High Court CWJC No.24147 of 2019 dt.05-12-2019 2/3

2. The petitioners have moved the Court for the following reliefs:

"i. That the present writ application is being filed in the nature of mandamus for a direction to the Managing Committee, Jewari, Durgawati, Kaimur (Bhabhua) to include the names of the petitioners and other people for being the member of the said PACS as the petitioners have applied through online and their membership have not been cancelled at any point of time;

ii. That the present writ application is being filed in the nature of Mandamus to hold up the process of election of Jewari PACS, Durgawati, Kaimur till the name of the petitioners and other people are not included in the final voter list of the said PACS of Jewari, Durgawati, District-Kaimur.

iii. That the present writ application is being filed in the nature of mandamus for a direction to the Block Co-operative Officer, Durgawati to dispose of the representation filed by the petitioners dated 23.10.2019 to consider the case for being the member of Jewari PACS; on the ground that the petitioners have applied on time, the process of pending and no order of cancellation has been passed by the Managing Committee, Jewari PACS etc.

iv. For any other relief/reliefs for which the petitioner is entitled for."

3. Though the matter has been listed under the heading 'For Orders (On Office Notes)' for removal of defects, but learned counsel for the petitioners submitted that the petition be disposed off in terms of prayer no. 1(iii), which is for a direction to the respondent no. 7 to dispose off the representation filed by them on 23.10.2019.

Patna High Court CWJC No.24147 of 2019 dt.05-12-2019 3/3

4. Learned counsel for the respondents do not object.

5. In view thereof, with consent of learned counsel for the parties, the writ petition stands disposed off with a direction to the respondent no. 7 to dispose off the representation filed by the petitioners on 23.10.2019, if already not disposed off, within one week from the date of production of a copy of this order before him.

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