Chandi Prasad Pandey v. State Of Chhattisgarh And ORS.

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 161 of 2011 Chandi Prasad Pandey, S/o. Late Shri Lakshmi Prasad Pandey, Aged about 59 years, Presently posted at District Cooperative Central Bank Limited, Thalka, District Durg, Chhattisgarh ---- Petitioner

Versus

1. State of Chhattisgarh, through Secretary, Co-operative Society Department, Government of Chhattisgarh, Mantralaya, Raipur, Chhattisgarh

2. Registrar, Cooperative Society, Raipur, Chhattisgarh

3. District Cooperative Central Bank Limited, Through Chief General Manager, Near District Hospital, District Durg, Chhattisgarh

4. Samiti Prabandhak (Committee Manager), Sewa Sahkari Samiti Maryadit, Devkar, Devkar, Tahsil Saja, District Durg, Chhattisgarh

5. Chief Executive Officer, District Cooperative Central Bank Limited, Near District Hospital, District Durg, Chhattisgarh ----Respondents For Petitioner :

Mr. Harshwardhan Jaiswal, Advocate For State :

Mr. S.P. Kale, Dy. A.G.

For Respondent No.5 :

Mr. Manish Upadhyay, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 06/08/2018

1. The present writ petition was filed seeking for a direction to the respondents to comply with the orders passed by the Joint Director, Cooperative Society dated 27.10.2004 and the Additional Registrar, Cooperative Society, dated 27.12.2005 and also the order passed by the Minister, Cooperative Department dated 28.06.2010 (Annexure P/4, P/5 & P/7 respectively.

2. This Court on 02.07.2008 had passed a specific direction to the respondent No.3 to ensure the aforesaid orders passed in favour of the petitioner should be complied in its letter and spirit.

3. The respondents today have entered appearance and have also filed their reply with an affidavit of the Chief Executive Officer, District Cooperative Central Bank stating that the entire order passed by the Deputy Registrar and which has been affirmed by the Additional Registrar as also by the Minister has been complied with and all the amount payable to the petitioner has also been released to the petitioner. The document enclosing the compliance part also has been enclosed along with the reply. It reveals that the petitioner has been paid a total amount of Rs. 5,00,532/- after deducting 10% under the TDS towards the income tax.

4. Given the aforesaid affidavit by the respondents and the fact that the counsel for the petitioner also admits of having received the amount, this Court is of the opinion that the substantial relief prayed for by the petitioner in the present writ petition stands redressed. However in case if the petitioner still feels aggrieved of having not got all that he was entitled for or there is some calculation mistakes on the part of the respondents while releasing the payment is concerned, reserving the right of the petitioner for moving a fresh application in this regard by showing specific calculation by way of afresh application to the Deputy Registrar, Cooperative Society, the present writ petition in its present form stands disposed off.

Sd/- (P. Sam Koshy) Judge Ved