Patna High Court
Chandan Kumar Paswan vs The State Of Bihar on 21 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17540 of 2021
======================================================
Chandan Kumar Paswan, Son of Nand Lal Paswan, resident of Village -
Pakdiya, P.S. - Pahar Pur, District- East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar .
2. The Principal Secretary Co-operative Department, Bihar, Patna.
3. The Registrar Co-operative Society, Bihar, Patna.
4. The Chief Election Officer, Bihar State, Election, Authority, Bihar, Patna.
5. The Joint Registrar Co-operative Society, Tirhut Division, Muzaffarpur.
6. The District Collector Cum District Election Officer, Co-operative Society,
Motihari, East Champaran.
7. The District Co-operative Officer, Motihari, East Champaran.
8. The Managing Director, the Motihari, Central Co-operative Bank Ltd.
9. The Assistant Registrar, Co-operative Society, Motihari Circle, Motihari,
East Champaran.
10. The Block Co- operative Extension Officer Cum Administration, Pahar Pur,
East Champaran.
11. The Block Development Officer, Pahar Pur East Champaran.
12. Shri Parsuram Prasad Son of Lal Babu Prasad resident of Village - Inarwa
Bhar, P.S.- Pahar Pur, District - East Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Shankar Shrivastava, Advocate
For the Respondent/s : Mr.Amit Prakash, GA 13
Mr. Ravi Bhardwaj, AC to GA-13
For Respondent No. 8 : Mr. Bindhyachal Rai, Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 21-12-2021
Petitioner has prayed for the following relief(s):-
Patna High Court CWJC No.17540 of 2021 dt.21-12-2021
I) For issuance of a writ in the nature of Certiorari
for quashing the order dated 24-8-2021, corresponding to
Memo No. 13/ML/Patna dated 25-8-2021 passed in
Appeal Case No. 6/2021(Shri Parsuram Prasad v/s The
Joint Registrar Co-operative Society, Tirhut Division,
Muzaffarpur & Others), issued under the signature of the
Minister Co-operative Department, Bihar Patna
(Respondent No. 2) whereby and whereunder the Memo
No. 380 dated 23-7.21 and Memo No. 1372 dated 29-7-
21 as contained in annexure-2 & 3 respectively to this
petition has been stayed by which the Joint Registrar Co-
operative Society, Tirhut Division, Muzaffarpur
(Respondent No. 5) directed the District Co-operative
Officer, Motihar, East Champaran to appoint
Administrator in the situation of dissolve the Managing
Committee of Bankat Narkatiya PACS, Block-Paharpur
and accordingly the District Co-operative Officer, East
Champaran, Motihari has appoint the Administrator of
Bankat Narkatiya PACS, Block, Paharpur.
II) For issuance of a writ in the nature of
Mandamus commanding and directing the respondents to
arrange/conduct the election of Bankat Narkatiya PACS,
Block-Paharpur, District East Champaran as possible as
earliest of Bankat Narkatiya PACS Block-Paharpur,
District- East Champaran so that new Managing
Committee of Bankat Narkatiya PACS Block-Paharpur,
District- East Champaran may be constituted.
III). To grant any other relief or reliefs for which
the petitioner is entitled from the facts and circumstances
of the case."
Learned counsel for the petitioner states that the
respondent no. 12 has refused to accept service.
Statement accepted and taken on record and
Patna High Court CWJC No.17540 of 2021 dt.21-12-2021
proceeded ex parte.
Having given thoughtful consideration to the
submissions made, we are of the considered view that the
present petition can be disposed of on the following mutually
agreeable terms:-
(a) The appellate authority, be it Minister
Incahrge or any other designated authority, after issuing notice
and affording opportunity of hearing to all concerned, shall take
a decision on the appeal preferred by the private respondent,
which is yet pending consideration;
(b) The appellate authority shall pass an order
assigning reasons, copy whereby shall be supplied to all
concerned;
(c) Liberty reserved to the parties to place
additional material in support of their contention, including
adding the grounds raised before this Court;
(d) We direct the parties present to appear before
the appellate authority on 29.12.2021 at 10:30 A.M.
(e) Liberty reserved to the parties to take
recourse to such other remedies as are otherwise available,
should the need so arise subsequently;
(f) All issues on facts and law, including its
Patna High Court CWJC No.17540 of 2021 dt.21-12-2021
power to decide the appeal are left open.
Present petition stands disposed of in the
aforesaid terms.
Interlocutory application, if any, shall also stand
disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Sujit/Ashwini
AFR/NAFR
CAV DATE
Uploading Date 22.12.2021
Transmission Date
