Dismissed

Suresh Kumar Sinha v. the State of Bihar and Ors.

Patna HC7 Mar 2011CWJC/398/2010

Case brief

AI extract

What is this about?

The petitioner challenged the failure of an Indrapuri migrant housing society to hand over the agreed plot of land. The Court held that the dispute is amenable to jurisdiction under Section-48 of the Bihar Cooperative Societies Act and disposed of the writ due to an alternative statutory remedy available.

What did the court decide?

None. The application is disposed of with an observation to file an application under Section-48 of the Act.

Suresh Kumar Sinha Vs the State of Bihar and Ors. — Cooperative Societies | Patna HC (2011)

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 IN THE HIGH COURT OF JUDICATURE AT PATNA

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 CWJC No.398 of 2010

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1. SURESH KUMAR SINHA S/O LATE DR. MAHENDRA NARAYAN PRASAD R/O VILL.- SOHDIH,
P.O.- SOHSARAY, DISTT.- NALANDA, AT PRESENT- MANSAROVAR ENCLAVE, PLOT NO. 1141,
KATAHAL MORE, ITAKI ROAD, P.O.- LALG..., RANCHI

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 Versus

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1. THE STATE OF BIHAR

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2. THE SECRETARY, CO-OPERATIVE SOCIETY GOVT. OF BIHAR, NEW SECRETARIAT, PATNA

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3. THE REGISTRAR, CO-OPERATIVE SOCIETY GOVT. OF BIHAR, NEW SECRETARIAT, PATNA

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4. THE ADMINISTRATOR INDIRAPURI SAHKARI GRIH NIRMAN SAMITY LTD., PATNA

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 -----------

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2/ 07/03/2011 Heard learned counsel for the petitioner and

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learned counsel for the State.

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The petitioner is aggrieved by the actions of the Indrapuri Sahkari Grih Nirman Samity Ltd. Of which he claims to be a member in having obtained

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consideration, but failed to hand over the area of the plot as agreed.

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On the showing of the petitioner, the dispute appears to be between the Society and its member fully amenable to the jurisdiction under Section-48 of the

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Bihar Cooperative Societies Act.

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In view of the availability of an alternative statutory remedy, the application is disposed with the

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observation that if the petitioner files an application under Section-48 of the Act before the Registrar, Cooperative Societies, let it be considered and disposed off by a reasoned and speaking order after due notice

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and hearing all concerned within a maximum period of six months from the date of submission of such application by the petitioner along with

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receipt/production of a copy of this order.

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The writ application stands disposed.

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( Navin Sinha, J.)

Suresh Kumar Sinha v. the State of Bihar and Ors.

Case brief

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Suresh Kumar Sinha v. the State of Bihar and Ors.

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