Oral order dismissing a writ application contesting the revival of a defunct co-operative society. The court held that such revival is internal to the society and beyond High Court jurisdiction.
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Patna High Court CWJC No.1217 of 2009 (3) dt.18-07-2013
| IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1217 of 2009 ====================================================== |
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Deo Narain Sharma, son of late Shri Thithar Sharma, resident of village– Sitanabad, Tola–Kumadan, Police Station–Bakhtiyarpur, Post Office– Sitanabad, Via–Chapram Kothi, District–Saharsa. .... .... Petitioner/s Versus The State of Bihar & others .... .... Respondent/s ====================================================== |
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Appearance : For the Petitioner/s : Mr. Syed M.Ashraf Mr. Rana Ashraf |
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| For the Respondent/s : Mr. (SC22) |
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| ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER |
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| 3 | 18-07-2013 This is misplaced kind of writ application which has been filed on behalf of the petitioner. A defunct co-operative society cannot be revived by way of mandamus. These are actions which are required to be taken by the members of the society and the officer bearer if they have capacity to do so. There is no role of the High Court in this regard because ball is in the court of society. The relief is misdirected kind of relief which cannot be extended or granted in the present case. Writ is dismissed. |
| R.K.P | athak/- (Ajay Kumar Tripathi, J) |
Deo Narain Sharma
The State of Bihar
Ajay Kumar Tripathi
As recorded by the court registry
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