High Court considered a writ petition seeking refund of deposits from a Primary Agriculture Credit Society and directives for inquiry into alleged misappropriation, disposing the petition against legal advice to approach authorities first.
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.6835 of 2023
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... ... Petitioner/s Versus
Patna High Court CWJC No.6835 of 2023 dt.14-12-2023 2/3
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar Pandey, Advocate For the Respondent/s : Mr. Zeeshan Kalim, AC to SC 20 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 14-12-2023
Heard Mr. Sunil Kumar Pandey, learned counsel appearing on behalf of the petitioners and Mr. Zeeshan Kalim, learned AC to SC 20 for the State.
reliefs:-
“(I) To issue an appropriate order/s, direction/s including a writ preferably in the nature of mandamus commanding and directing upon the concerned respondent no.13 and 14 to refund a sum of Rs.1100000,00/- (Rs.11 crores) to the depositors including the petitioner’s who have deposited in the Madhopur Primary Agriculture Credit Society Bank (PACS in short) within Manjhauliya Block of District-West Champaran.
(ii) To direct the respondent no.1 to 8 to take appropriate legal action against the concerned respondents who illegally withdrawn and misappropriate the money of depositors who have deposited money in their respective account.
(iii) To direct the respondent No.1 to 8 to lodge first information report against the concerned respondents No.13 and 14 and investigate the case by Vigilance Department constituting Special investigation Team S.I.T. (in short) who have committed financial irregularities defalcation and misused the public fund.
(iv) To any other relie/s to which the petitioner may be found entitled in the facts and circumstances of the case.”
submits that the petitioners seek to file detailed representation
before the Administrator or the Chairman of the co-operative
Patna High Court CWJC No.6835 of 2023 dt.14-12-2023 3/3
Primary Agriculture Credit Society for refund of the amount deposited by them, considering the fact that with respect to 122 depositors, the amount has been disbursed by the Administrator for facilitating the payment.
(Purnendu Singh, J)
Sanjay/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 15.12.2023 |
| Transmission Date | NA |
2 issues framed by the court
Whether the depositor can obtain refund of the amount deposited in the PACS from the court.
Whether the petitioner is directed to lodge an FIR against the Chairman and ex-Chairman of the PACS.
Munna Kumar Mahto @ Munna Kumar and others
The State of Bihar through the Principal Secretary Co-operative Department, Bihar, Patna
Purnendu Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
