This oral order dismisses a writ application under Article 226 on non-prosecution as the petitioner was absent. Counsel noted an alternative statutory appeal exists under the Cooperative Societies Act.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16197 of 2015
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Ajay Yadav S/o Sri Sakhi Chandra Yadav resident of village / P.O. Hussainabad, P.S. Ariari, District - Sheikhpura
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : None For the State : Mr. Ajay Kumar Rastogi, AAG-10 Mr. Parijat Saurav, AC to AAG-10 For the Respondent no.9 : Mr. Deepak Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER
this writ application.
Learned counsel for the State as well as respondent no.9 are present. They jointly submit that the writ application has been filed challenging the order passed by the Joint Registrar, Cooperative Societies, Bhagalpur Division, Bhagalpur
Patna High Court CWJC No.16197 of 2015(7) dt.08-04-2019 2/2
in Election Dispute Case No.05 of 2015. It is submitted that a provision for statutory appeal under sub-section(6) of Section 48 of the Cooperative Societies Act is available to the petitioner, still instead of seeking his remedy of statutory appeal petitioner has moved this Court directly under Article 226 of the Constitution of India.
Taking note of the fact that no one is appearing on behalf of the petitioner to press this writ application, the writ application is dismissed for non-prosecution.
(Rajeev Ranjan Prasad, J)
arvind/-
U
2 issues framed by the court
Whether a writ application under Article 226 should be allowed when the petitioner fails to appear and ignore statutory remedy.
If a petitioner approaches High Court under Article 226 instead of availing statutory appeal under Section 48 of the Cooperative Societies Act.
2 provisions across 2 enactments
Ajay Yadav
State of Bihar
Chief Election Authority, Bihar
District Magistrate, Sheikhpura
Registrar, Co - Operative Societies, Bihar
Dinesh Prasad
Rajeev Ranjan Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
