Remanded

Md. Sahid Alam v. The State Of Bihar and Ors.

Patna HC5 Apr 2013CWJC/5508/2013

Case brief

AI extract

What is this about?

Petitioner sought writ jurisdiction urging disposal of a pending Surcharge Appeal of 15 years and directing abeyance of a recent deposit demand. Court directed Appellate Authority to dispose appeal within six months and kept deposit demand in abeyance.

What did the court decide?

Respondent No.2 to dispose pending Surcharge Appeal within six months; impugned communication dated 16.01.2013 in abeyance for six months.

Md. Sahid Alam Vs The State Of Bihar and Ors. — Writ and Judicial Review | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5508 of 2013

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====================================================== Md. Sahid Alam son of Late Md. Habibur Rahman, R/O Mohalla & P.O. Nath Nagar, P.S.Nath Nagar, District Bhagalpur at present posted as Branch Incharge, Bihpur,Branch Bhagalpur Central Co-operative Bank Limited.

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.... .... Petitioner/s

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Versus

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The State Of Bihar through its Principal Secretary, Department of Cooperative, Govt. of Bihar, Patna.

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Hon’ble Minister, Co-operative Department, Govt. of Bihar, Patna.

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Joint Registrar, Co-operative Section, Bhagalpur Division, Bhagalpur.

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The Bhagalpur Central Co-operative Bank Ltd. Bhagalpur, through its Chief Executive.

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Managing Director of the Bhagalpur Central Co-Operative Bank Ltd., Bhagalpur.

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.... .... Respondent/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Prabhat Kumar Singh, with Mr. Ranjan Kumar Jha, Advocates. For the Respondent no.1: Mr. AC to SC-22 For the Respondent No. 4 & 5: Mr. Nitiranjan Jha, with

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Mr. Rakesh Kumar Jha, Advocates.

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====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER

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2 05-04-2013 Heard the parties.

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The grievance of the petitioner is that though he has preferred Surcharge Appeal No.11 of 1998 before the respondent no.2, who is the appellate authority, under the provisions of Bihar Co-operative Societies Act, 1935, against the order dated 20.07.1998/ 31.07.1998 (Annexure-1) passed in Surcharge Case No. 1 of 1996 by the respondent Joint Registrar (respondent no.3), yet for one reason or other, his appeal has not been disposed of till date despite passage of almost 15 years. It is also the grievance of the petitioner that though the aforesaid appeal filed by the

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Patna High Court CWJC No.5508 of 2013 (2) dt.05-04-2013

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petitioner is still pending, yet by the impugned communication dated 16.01.2013 (Annexure-2) he has been directed to deposit surcharge amount of Rs. 50,000/-, otherwise penal interest @ 12% over the surcharge amount shall be realized from the petitioner.

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Learned counsel for the petitioner asserts, and not denied by the learned counsels for the respondents, that the aforesaid Surcharge Appeal No. 11 of 1998 is still pending and has not been disposed of till date by the appellate authority (Respondent No.2).

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In the aforesaid factual ground, this Court is of the opinion that no useful purpose shall be served by keeping this matter pending any longer before this Court. However, interest of justice would be sub-served if the respondent no.2 is directed to dispose of the aforesaid surcharge appeal preferred by the petitioner at an early date preferably within a period of six months from the date of receipt/ production of a copy of this order. It is ordered accordingly.

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The petitioner is also hereby directed to appear with the certified copy of the present order before the respondent no.2 within a period of one month from today. Whereafter, a firm date shall be fixed by the Respondent no.2 for hearing of the appeal, if not already disposed of. The respondents shall also appear before respondent no.2 within the aforesaid period of one month or at least on the next date fixed by the respondent no.2 and all the parties shall cooperate for early disposal of the aforesaid surcharge appeal preferred by the petitioner, so that the said appeal is disposed of within the period of six months fixed by this Court.

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In the meantime, the impugned communication dated 16.01.2013 (Annexure-2) shall be kept in abeyance for the period of six months.

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Patna High Court CWJC No.5508 of 2013 (2) dt.05-04-2013

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3/3

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The present writ petition stands finally disposed of with

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the observations and directions made above.

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(Birendra Prasad Verma, J)

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BTiwary/-

Md. Sahid Alam v. The State Of Bihar and Ors.

Case brief

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Md. Sahid Alam v. The State Of Bihar and Ors.

Case brief

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