A PACS chairman sought quashing of an appellate order cancelling a surcharge order against a co-operative bank's ex-chairman. The court held the petitioner, being a stranger to the proceedings with no legal right violated, lacked standing; writ jurisdiction under Article 226 was not maintainable and the petition was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17816 of 2018
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Pramod Kumar S/o Sri Ram Prasad Raut R/o Village - Nahar, P.O. - Bhagwatipur, P.S. - Pandaul, District - Madhubani.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Lakshmindra Kumar Yadav, Adv. For the State : Mr. Sanjay Kumar, AC to GA 13 For the Bank : Mr. Vikash Kumar Jha, Adv. For the Pvt. Res. No. 11 : Mr. Rakesh Kumar Jha, Adv.
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT
Date : 05-09-2023
Heard Mr. Lakshmindra Kumar Yadav, learned
counsel appearing on behalf of the petitioner; Mr. Sanjay Kumar, learned counsel representing the State; Mr. Rakesh Kumar Jha, learned counsel for the private respondent no. 11 and Mr. Vikash Kumar Jha, learned counsel for the Rahika Central Co-operative Bank Limited.
Patna High Court CWJC No.17816 of 2018 dt.05-09-2023 2/4
“(i) For issuance of an appropriate order, direction or writ for quashing Memo 28/ML dated 23.03.2018, issued by learned court of Minister, Co-operative Department, Bihar Patna 1016 in Surcharge Appeal Case No. 07/2017 whereby and whereunder the order passed in Surcharge Case No.02/2017 dt, 19.02.2017/ 02.01.2018 by the Deputy Registrar (Sugarcane) Co-operative Societies, Bihar, Patna has been canceled.
(ii) For issuance of an appropriate order, direction or writ for declaration that the order 19.02.2017/02.01.2018, in Surcharge Case No. 02/2017, passed by Deputy Registrar (Sugarcane), Co-operative Societies, Bihar, Patna is correct and in accordance with concerned provisions of law/rule of Co-operative Societies Act, 1935.
(iii) For direction to concerned authorities pursuance to take action of order dated 19.12.2017/02.01.2018 in Surcharge Case No. 02/2017 passed by Deputy Registrar (Sugarcane), Co-operative Societies, Bihar, Patna, whereby and whereunder respondent no. 11 has been held guilty directed to make payment of surcharge amount within one month and in case of failure recovery proceeding should be done.
(iv) For any other relief or reliefs for which the petitioner may be found entitled in the facts and circumstances of the case.”
question has been posed before this Court with regard to the
Patna High Court CWJC No.17816 of 2018 dt.05-09-2023 3/4
locus of the petitioner for preferring the present writ petition.
Patna High Court CWJC No.17816 of 2018 dt.05-09-2023 4/4
not maintainable at the behest of the petitioner who has no concern to the proceedings which are the subject mater of the present writ application.
dismissed on the reasons stated hereinabove.
(Harish Kumar, J)
| Anjani/- | |
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| AFR/NAFR | N.A. |
| CAV DATE | N.A. |
| Uploading Date | 08.09.2023 |
| Transmission Date | N.A. |
1 issue framed by the court
Is the writ petition maintainable when the petitioner was neither a party to nor complainant in the surcharge proceedings he seeks to revive?
1 provisions across 1 enactments
Pramod Kumar
The State of Bihar through the Secretary, Co-operative Department, Govt. of Bihar, Patna
The Principal Secretary, Co-operative Department, Govt. of Bihar, Patna
The Registrar, Co-operative Societies, Bihar, Patna
Navendra Jha
Harish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
