Bihari Lal Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3024 of 2017 Bihari Lal Sahu S/o Late Shri Tijau Ram Sahu, Aged About 69 Years R/o Village Bhatmera, Block Simga District Baloda Bazar Bhatapara Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Agriculture And Sahakarita, Mantralaya, Mahandi Bhavan, Naya Raipur, District Raipur Chhattisgarh.

2. Director Agriculture And Sahakarita Mantralaya, Naya Raipur, District Raipur Chhattisgarh.

3. Chhattisgarh State Co-Operateive Marketing Federation, Raipur Through Its Managing Director Ketala Bhawan Civil Line, Raipur Chhattisgarh.

4. Zila Sahakari Kendriya Bank Maryadit, Raipur Through Its Chairman/authorized Officer G.E Road, Raipur Chhattisgarh.

5. Chief Executive Officer, Zila Sahakari Kendriay Bank Maryadit, Raipur, Chaubey Colony G.E.Road, Raipur Chhattisgarh

6. Registrar, Co-Operative Society Floor-Iii, Indrawati Bhawan Naya Raipur, Raipur Chhattisgarh.

...Respondents

For Petitioner :

Mr. Mateen Siddiqui, Advocate For State :

Mr. A.S. Kachhawaha, Additional A.G.

For Respondent/Bank :

Mr. Rajat Agrawal, Advocate appears under instructions from Mr. S.C. Verma, Advocate Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 13/07/2017 Heard.

1.

The petitioner has filed this writ petition challenging the order of recovery passed by the District Central Cooperative Bank Limited, Raipur.

2.

The petitioner was allegedly entrusted with certain quantities of

agricultural products like seeds, organic fertilizer and other chemicals. The petitioner was required to sell/distribute the products to the Primary Agricultural Credit Cooperative Societies; however, he failed to dispose off the entire quantity because he had collected the materials in large quantities, over and above the quantity which he could actually sell to the Primary Credit Cooperative Societies within his jurisdiction. 3.

Admittedly, the petitioner has not been given any opportunity of hearing before making the subject recovery. At this stage, Shri Verma, learned counsel appearing for respondent-Bank would submit that if the petitioner makes a representation submitting in detail the grounds on which he can prove his innocence, the Bank is willing to give him an opportunity and pass fresh order in accordance with law. 4.

In view of the above, the writ petition is disposed off with a direction that in the event the petitioner makes a representation before the respondent-Bank within a period of one month from today, the Bank shall consider and decide the representation on its own merits and pass a reasoned order after giving opportunity of hearing, including personal hearing to the petitioner.

5.

If the occasion so arises, the petitioner would be at liberty to move afresh before this Court.

Sd/- (Manindra Mohan Shrivastava) J U D G E Rekha