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Manoj Kumar Singh Vs The State of Bihar — Patna HC (2024) — LawSathi Research

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Patna HC
2024
Manoj Kumar Singh Vs The State of BiharManoj Kumar Singh v. The State of Bihar

Disposed¶25

Manoj Kumar Singh v. The State of Bihar

PATNA HIGH COURT – Civil Writ Jurisdiction Case No.17495 of 2024 – Oral Order of 20-11-2024

Patna HC20 Nov 2024CWJC/17495/2024

Case brief

AI extract

What is this about?

Use for: alternative-remedy routing of co-operative grievances from writ court to statutory revision (Section 56 read with Section 48, Bihar Co-operative Societies Act, 1935); PACS membership-application disputes; appellate orders passed by the Assistant Registrar, Co-operative Societies; non-impleadment of affected members; objection that a PACS Chairman cannot file a representation in representative capacity. Disposition: writ petition (CWJC No.17495 of 2024, Patna High Court, decided 20-11-2024, Justice Nawneet Kumar Pandey) DISPOSED OF with petitioner directed to the Revisional Authority; merits untouched; no precedents cited; one holding (ratio) on forum selection.

What did the court decide?

Writ petition disposed of without adjudication of merits; petitioner left free to raise his grievance before the Revisional Authority. ¶25

Why is it important?

Since the revisional forum is alternatively available, the petitioner may raise his grievance before the Revisional Authority; the writ court declines adjudication of the grievance. ¶24

What the court decided

AI extract

Outcome

Writ petition disposed of without adjudication of merits; petitioner left free to raise his grievance before the Revisional Authority.

Issue for consideration

Whether the appeals of membership applicants rejected by the society were validly allowed by the Assistant Registrar, Co-operative Societies notwithstanding the applicable circulars (the petitioner's central grievance). +3 more

Ratio / Principle

Since the revisional forum is alternatively available, the petitioner may raise his grievance before the Revisional Authority; the writ court declines adjudication of the grievance.

Detailed headnote1 paragraphs

PATNA HIGH COURT - Civil Writ Jurisdiction Case No.17495 of 2024 - Oral Order of 20-11-2024 - Nawneet Kumar Pandey, J. Subject: PACS membership appeals allowed by the Appellate Authority. The petitioner, Chairman of Akodha PACS (Dinara, Rohtas) and of the PACS Association, Rohtas District, complained that although the society had rejected the membership applications of some persons, the Assistant Registrar, Co-operative Societies (Appellate Authority) allowed those appeals in utter violation of circulars. Counsel for the Bihar State Election Authority pointed out (i) the alternative remedy of revision under Section 56 read with Section 48 of the Bihar Co-operative Societies, Act, 1935, (ii) that the persons whose appeals had been allowed were necessary parties yet had not been impleaded, and (iii) that the Chairman of a PACS cannot file a representation in representative capacity. Finding the revisional forum alternatively available, the Hon'ble Judge did not adjudicate the grievance and disposed of the writ petition, leaving the petitioner to pursue revision before the Revisional Authority. No finding was made on the merits of the appellate orders, on impleadment, or on representative capacity; no precedent was engaged with.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17495 of 2024

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

Manoj Kumar Singh son of Late Bashishth Singh, resident of Maruan, P.S.Dinara. District- Rohtas, presently serving as Chairman of Akodha PACS, Block- Dinara, District- Rohtas, and also Chairman of PACS Association, Rohtas District.

... ... Petitioner/s

Versus

The State of Bihar through the Principal Secretary Co-operative Department, Govt. of Bihar.

The Registrar, Co-operative Department, Govt. of Bihar, Patna.

The Deputy Registrar, Co-operative Department, Govt. of Bihar, Patna.

The Joint Registrar, Co-operative Department, Govt. of Bihar, Patna.

The District Co-operative Officer, Rohtas.

The Block Co-operative Extension Officer, Dinara, Rohtas.

The Assistant Registrar, Co-operative Societies, Bikramganj, DistrictRohtas.

The Assistant Registrar, Co-operative Societies, Sasaram, District- Rohtas.

The Secretary, Bihar State Election Authority, Patna.

... ... Respondent/s

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

For the Petitioner Mr. Saroj Kumar For the Respondent/s : Mr. Gyan Prakash Ojha Government Advocate (7) For S.E.A. Mr. M.K. Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

ORAL ORDER

2 20-11-2024 Heard the parties.

The main grievance of the petitioner is that the society has rejected the membership application of some persons, but the Appellate Authority i.e. the Assistant Registrar, Co-operative Societies allowed the appeal in utter violation of circulars.

On the other hand, learned counsel for State

Patna High Court CWJC No.17495 of 2024(2) dt.20-11-2024 2/2

Election Authority submits that the alternative remedy of revision is available against this order under Section 56 read with Section 48 of the Bihar Co-operative Societies, Act, 1935. He has further submitted that the persons whose appeal have been allowed, are the necessary party but they have not been impleaded. He has also submitted that the Chairman of the PACS cannot file a representation in representative capacity.

Be that as it may, since the revisional forum is available alternatively, the petitioner may raise his grievance before the Revisional Authority.

With the aforesaid observations, this writ petition stands disposed of.

(Nawneet Kumar Pandey, J)

Nirmal/AKV U

Issues for consideration

4 issues framed by the court

AI extract

1.
Whether the appeals of membership applicants rejected by the society were validly allowed by the Assistant Registrar, Co-operative Societies notwithstanding the applicable circulars (the petitioner's central grievance).¶20
2.
Choice of forum: whether to adjudicate the grievance in the writ court or route the petitioner to the revisional remedy alternatively available under Section 56 read with Section 48 of the Bihar Co-operative Societies, Act, 1935.¶24
The court held
Since the revisional forum is alternatively available, the petitioner may raise his grievance before the Revisional Authority; the writ court declines adjudication of the grievance.ratio¶24
3.
Whether the writ petition could properly proceed when the persons whose appeals were allowed (alleged necessary parties) had not been impleaded.medium confidence¶23
4.
Whether the Chairman of the PACS can file a representation in representative capacity (canvassed by counsel for the State Election Authority).medium confidence¶23

Statutes considered

2 provisions across 1 enactments

AI extract

Bihar Co-operative Societies, Act, 1935Section 56¶23 Section 48¶23

Procedural history

How this case reached the court

AI extract

Order under challenge
The appellate decision targeted by the writ petition: appeals of certain membership applicants (rejected by the society) allowed by the Appellate Authority, which the petitioner alleges occurred in utter violation of circulars.¶20
Assistant Registrar, Co-operative Societies (Appellate Authority)
Prior proceeding
The society (Akodha PACS) rejected the membership applications of some persons, following which appeals were lodged and allowed by the Appellate Authority.¶20

Parties & counsel

AI extract

petitioner
Manoj Kumar Singh son of Late Bashishth Singh¶3
Mr. Saroj Kumar
respondent
The State of Bihar through the Principal Secretary Co-operative Department, Govt. of Bihar¶6
Mr. Gyan Prakash Ojha
respondent
The Registrar, Co-operative Department, Govt. of Bihar, Patna¶7
Mr. Gyan Prakash Ojha
respondent
The Deputy Registrar, Co-operative Department, Govt. of Bihar, Patna¶8
Mr. Gyan Prakash Ojha
respondent
The Joint Registrar, Co-operative Department, Govt. of Bihar, Patna¶9
Mr. Gyan Prakash Ojha
respondent
The District Co-operative Officer, Rohtas¶10
Mr. Gyan Prakash Ojha
respondent
The Block Co-operative Extension Officer, Dinara, Rohtas¶11
Mr. Gyan Prakash Ojha
respondent
The Assistant Registrar, Co-operative Societies, Bikramganj, DistrictRohtas¶12
Mr. Gyan Prakash Ojha
respondent
The Assistant Registrar, Co-operative Societies, Sasaram, District- Rohtas¶13
Mr. Gyan Prakash Ojha
respondent
The Secretary, Bihar State Election Authority, Patna¶14
Mr. M.K. Thakur

Coram

AI extract

Mr. Justice Nawneet Kumar Pandeyauthor¶17

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 20 Nov 2024 · November
Registered: 18 Nov 2024
Case no.: CWJC/17495/2024
CNR: BRHC011064322024
Bench: Nawneet Kumar Pandey
Disposal: DISPOSED
Case type: Civil Writ Jurisdiction Case

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Cite this judgement

Manoj Kumar Singh v. The State of Bihar, CWJC/17495/2024 (PAT), decided on 20 November 2024.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

Bihar Co-operative Societies, Act, 1935Section 56 · Section 48

View all statutes

Procedural history2

The appellate decision targeted by the writ petition: appeals of certain membership applicants (rejected by the society) allowed by the Appellate Authority, which the petitioner alleges occurred in utter violation of circulars.Assistant Registrar, Co-operative Societies (Appellate Authority)
The society (Akodha PACS) rejected the membership applications of some persons, following which appeals were lodged and allowed by the Appellate Authority.

View full history

Bench / Coram

Mr. Justice Nawneet Kumar Pandey

Parties & counsel