Ram Lakhan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24811 of 2019 ====================================================== Ram Lakhan Singh, aged about 69 years, Male, Son of Late Muneshwar Singh, R/o Village- Mehanda, P.O.- Amilauna, P.S.- Jamhore, DistrictAurangabad. ... ... Petitioner

Versus

1.

The State of Bihar through Principal Secretary, Co-operative Department, New Secretariat, Government of Bihar, Patna.

2.

Deputy Development Commissioner, Aurangabad.

3.

District Co-operative Officer, Aurangabad.

4.

Block Development Officer, Block- Obra, District- Aurangabad. 5.

Block Co-operative Officer, Block- Obra, District- Aurangabad. 6.

The Amilauna Pacs Co-operative Society through its Secretary at Obra District- Aurangabad.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Ajay Kr Singh No.1, Advocate For the State :

Mr. Chitranjan Sinha, PAAG 2 with Mr. Shailendra Kumar, AC to PAAG 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 12-12-2019 Heard learned counsel for the petitioner and learned AC to PAAG 2 for the State.

2. The petitioner has moved the Court for the following relief:

"That this writ application is being filed for direction to the respondents to modify for the list of members of the PACS Society Amilauna Circle Obra, District- Aurangabad Published under Paripatra M-1 dated 16.10.2019 in which the petitioner has been made co-member at Serial No. 66 of the list of Pacs Members though he is a full member of the society since the date of its

Patna High Court CWJC No.24811 of 2019 dt.12-12-2019 2/2 registration. It is further prayed that the list contained annexure-2 may be quashed."

3. At the very outset, learned counsel for the State submitted that for the said relief, there is no statutory remedy provided under Section 48 of the Bihar Co-operative Societies Act, 1935 (hereinafter referred to as the 'Act') before the Registrar, Cooperative Societies.

4. In view thereof, the writ petition stands disposed off with liberty to the petitioner to move in terms of the provision of Section 48 of the Act, in accordance with law, which shall be considered on its own merits, without being prejudiced by the present order.

5. If the same is filed within one month from today, the authorities concerned shall decide the issue on merits, after due notice to all concerned, latest within a period of three months from the date of filing of the application.

(Ahsanuddin Amanullah, J) Vikash/Ranjit AFR/NAFR U