Lalit Chandranahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (PIL) No. 79 of 2017 • Lalit Chandranahu S/o Shri B. L. Chandranahu, Aged About 60 Years Bank Representative, Bhushan Seed Producer And Marketing Cooperative Society Ltd. R/o Station Road, Post & P. S. Mahasamund, District Mahasamund (Chhattisgarh).

---- Petitioner

Versus

1. State of Chhattisgarh Through The Secretary, Department Of Cooperation, Mahanadi Bhawan, Mantralaya, Post & P S Mandir Hasaud, Raipur (Chhattisgarh).

2. Registrar, Cooperative Societies, Block B, Il And Ill Floor, Office of Head of Department, Indrawati Bhawan, Naya Raipur (Chhattisgarh).

3. Chhattisgarh State Cooperative Central Bank Limited, Through Its Chief Executive Officer, Head Office Raipur (Chhattisgarh).

4. Yogesh Chandrakar Delegated Authority Under Section 49(8) of The Chhattisgarh Cooperative Societies Act, 1960, District Cooperative Central Bank Limited, Raipur (Chhattisgarh).

---- Respondents For Petitioner :

Shri Varun Sharma, Advocate For State /Resp. No.1 to 3 :

Shri Y.S.Thakur, Additional Advocate General Hon'ble Thottathil B. Radhakrishnan, Chief Justice Hon'ble Shri Justice Sharad Kumar Gupta Order on Board Per Thottathil B. Radhakrishnan, Chief Justice 08.11.2017 1.

This writ petition is filed as a Public Interest Litigation seeking initiation of action on allegation levelled regarding the alleged mismanagement of a Cooperative Bank governed by the provisions of the Chhattisgarh Cooperative Societies Act. The pointed allegation is that no action is being taken by the 2nd Respondent - Registrar of Cooperative Societies as enjoined by the provisions of that Act. Therefore, an order was issued on 04.08.2017 requiring the official respondents to state through the learned Additional Advocate General as to whether the petitioner has made any complaint before the jurisdictional Registrar and if so, whether any action has been taken on such complaint.

2.

Today, the learned Additional Advocate General submits that as many as 12 or more complaints were received and the 2nd Respondent has taken action on them by considering those complaints. It is submitted that some of the complaints have been closed as not disclosing any allegation worth further inquiry. It is submitted that certain complaints have been forwarded to the competent authorities for further action or for remarks as may be.

3.

We record the aforesaid submissions on behalf of the 2nd respondent and order this writ petition directing the 2nd respondent to ensure that all the allegations which are being looked into shall be addressed in accordance with law, with due notice to the parties concerned, in particular, the Cooperative Bank, and final decision shall be taken at the competent appropriate level within a period of six months from the date of receipt of a copy of this order, without fail. The writ petition is ordered accordingly leaving open all the contentions, otherwise on merits. Sd/- Sd/- (Thottathil B. Radhakrishnan) (Sharad Kumar Gupta) Chief Justice Judge Anu