Dismissed

Badri Nath Dubey v. The State Of Bihar and Ors.

Patna HC7 Jan 2015CWJC/13006/2014

Case brief

AI extract

What is this about?

The Hon'ble Court dismissed a Public Interest Litigation alleging misappropriation of funds by the managing committee of an Agricultural Cooperative Society. Relying on the Bihar Cooperative Societies Act, the Court held that statutory remedies such as audit, inspection, and surcharge proceedings were available and that the writ jurisdiction could not be extended to govern cooperative society affa

What did the court decide?

The writ petition filed by the petitioner was dismissed with observations that statutory remedies under the Bihar Cooperative Societies Act are available for intra-society grievances.

Badri Nath Dubey Vs The State Of Bihar and Ors. — Cooperative Societies | Patna HC (2015)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13006 of 2014

¶2

======================================================

¶3

Badri Nath Dubey, Son of Sri Gupteshwar Dubey, R/o Village Salempur, P.S. Ara Mufassil, District Bhojpur (Ara).

¶4

.... .... Petitioner

¶5

Versus

¶6

1. The State of Bihar 2. The Chief Secretary Government of Bihar, Patna 3. The Secretary Co-operative Society Department, Government of Bihar, Patna 4. The Registrar Co-operative Society, New Secretariat, Patna 5. The Joint Registrar, Co-operative Society, Patna Commissionery, Patna 6. The District Collector, Bhojpur at Ara. 7. The Managing Director, Cum-District-Co-operative Society Officer CoOperative Bank, Ara. 8. The Assistant Registrar, Co-operative Society, Bhojpur, Ara, Anchal, Ara. 9. The District Audit Officer, Co-operative Society, Bhojpur at Ara. 10. The Chairman of Ijari, PACS Namely Ramji Singh,, S/o Sri Janaradan Singh, R/o Vill. Mani Rai Ke Tola, P.S. Ara Muffasil, District – Bhojpur, Ara. .... .... Respondents ====================================================== Appearance : For the Petitioner : Mr. Maya Shankar Mishra, Adv. For the Respondents No. 1 to 9 : Mr. Brajesh Kumar, AC to AAG-11 For the Respondents No. 7 : Mr. Ishwari Singh, Adv. Ms. Kiran Kumari, Adv. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and

¶7

HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE)

¶8

2 07-01-2015 The writ petition is filed as a Public Interest Litigation with a prayer to direct the respondents to get the matter, pertaining to the alleged irregularities and misappropriation of public funds in Primary Agricultural Cooperative Credit Society (P.A.C.C.S.), Ijari, District-

¶9

Patna High Court CWJC No.13006 of 2014 (2) dt.07-01-2015

¶10

2/3

¶11

Bhojpur, enquired into.

¶12

The petitioner alleges that there was large scale misappropriation of public money given to the society, by the Managing Committee, in collusion with the district level administration. Reference is made to certain representations stated to have been made by the members of the society. It is alleged that no action has been taken thereon.

¶13

Heard learned counsel for the petitioner and learned counsel for the respondents.

¶14

Except stating that he is a public, the petitioner has not stated whether he is a member of P.A.C.C.S. Whatever be the latitude shown in respect of the Public Interest Litigation, in relation to government affairs, at the instance of any individual, the same cannot be extended as regards the affairs of a Cooperative Society. The Bihar Cooperative Societies Act and the Rules made thereunder provide for various eventualities in the administration. Facilities, such as audit, inspection and special audit, are provided for. In the event of any irregularities being noticed in such audit and inspection, surcharge proceedings can also be initiated against the persons found to have committed

¶15

Patna High Court CWJC No.13006 of 2014 (2) dt.07-01-2015

¶16

3/3

¶17

such irregularities.

¶18

The petitioner did not submit any representation pointing out any act of misappropriation or misutilization of funds. He wants to harp on representation said to have been made by others. When the signatories to that representation are not feeling any grievance about the follow up action, we find it difficult to understand, how the petitioner can have any grievance. In case he is a member of the society, he can pursue the matter in accordance with law.

¶19

We, therefore, dismiss the writ petition, but with the above observation.

¶20

Interlocutory application, if any, stands disposed of.

¶21

There shall be no order as to costs.

¶22

(L. Narasimha Reddy,CJ)

¶23

(Rajendra Kumar Mishra, J)

¶24

K.C.jha/Shail U

Badri Nath Dubey v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Badri Nath Dubey v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Ram Singhasan Prasad Vs State Of Bihar and Anr.

Raj Kumar Vs The State Of Bihar

Ujjwal Kumar Mishra @ Ujjawal Mishra Vs The State Of Bihar

Vijay Kumar Sinha Vs The State Of Bihar and Ors.

Krishna Kumar Singh Vs The State Of Bihar and Ors.

Ram Narayan Singh Vs The State Of Bihar and Ors.