Patna High CourtCWJC/14301/2018disposed

The Phulwar Primary Agriculture Credit Society Ltd. And ORS v. The State Of Bihar And ORS

2018-09-24Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14301 of 2018 ======================================================

1. The Phulwar Primary Agriculture Credit Society Ltd. incorporated under Bihar and Orissa Co-operative Societies Act, 1935 through Secretary Vinod Kumar S/o Ashutosh Kumar R/o Village -Phulwar Tola Brahmpura, P.O. - Phulwar, P.S. - Banjara, District - East Champaran.

2. Indu Devi W/o Vinod Kumar R/o Village Phulwar Tola Brahmpura, P.O. - Phulwar, P.S. - Banjara, District - East Champaran, The Chairman of Phulwar Primary Agriculture Credit Society, East Champaran.

3. Vinod Kumar S/o Ashutosh Kumar R/o Village - Phulwar Tola Brahmpura, P.O. - Phulwar, P.S. - Banjara, District - East Champaran, Secretary of Phulwar Primary Agriculture Credit Society, East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Department of Food Consumer Affairs.

2. The Principal Secretary, Department of Co-Operative, State of Bihar, Patna.

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

4. The District Collector, District - East Champaran.

5. The District Co-operative Officer, East Champaran.

6. The Branch Manager, Bihar State Cooperative Bank Limited, East Champaran.

7. The Certificate Officer, District East Champaran. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Krishna Mohan Mishra, Adv. For the Respondent No.6 : Mr. Nishi Nath Ojha, Adv. For the Respondent No.8 : Mr. Bindhyachal Rai, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-09-2018 The short issue involved in the present writ petition is that despite the petitioners having filed a valid objection under Section 9 of the Bihar and Orissa Public Demand and Recovery Act, 1914, the Certificate Officer has not disposed of the said objection and is proceeding in the matter.

Patna High Court CWJC No.14301 of 2018 (5) dt.24-09-2018 2/2 In view of the short prayer made by the learned counsel for the petitioners, the present writ petition is disposed of with a direction to the Certificate Officer, East Champaran, Motihari to dispose of the objection of the petitioner within a period of three months from today, by a reasoned and speaking order.

At this juncture, the learned counsel for the petitioners submits that the petitioner be granted one more opportunity to file a supplementary objection, if any. Accordingly, the petitioners are granted liberty to file fresh objection within a period of four weeks from today and in case no supplementary objection is filed within a period of four weeks from today, the Certificate Officer shall proceed ex parte. However, till the passing of the final order by the certificate officer, it is directed that no coercive action shall be taken against the petitioners.

(Mohit Kumar Shah, J) BTiwary/- U