Dinesh Kumar Pandey @ Dinesh Pandey Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Dinesh Kumar Pandey @ Dinesh Pandey Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of without adjudication of merits; petitioner permitted/advised to pursue the statutory alternative remedy (appeal before the State Government under sub-section (3) of Section 40 of the Bihar Cooperative Societies Act, 1935), and if such recourse is taken within four weeks, the appropriate authority is to decide the appeal expeditiously.

Issue for consideration

Whether the writ petition against the Section 40 recovery direction should be entertained, in view of the preliminary objection that the impugned order is appellable before the State Government under sub-section (3) of Section 40 of the Bihar Cooperative Societies Act, 1935.

Court's answer

The writ petition stands disposed of with the observation that the petitioner, if so advised, may take recourse to the alternative remedy provided under the Statute (appeal before the State Government under sub-section (3) of Section 40).

Ratio / Principle

If the petitioner takes recourse to the alternative remedy within a period of four weeks, the appropriate authority is to decide the appeal as expeditiously as possible.

Detailed headnote1 paragraphs

Patna High Court, Civil Writ Jurisdiction Case No.8747 of 2024 (Nawneet Kumar Pandey, J.), oral order dated 04-12-2024: The petitioner, ex-Adhyaksh (Chairman) of Pawar PACS, Block Agiaon, Bhojpur, had been directed by the Joint Registrar, Co-operative Societies, by order dated 19-05-2023 issued under Section 40 of the Bihar Co-operative Societies Act, 1935, to deposit the audit-assessed recoverable amount of Rs. 17,12,836.05 (per audit report dated 16-09-2022) into the account of Pawar PACS within one month, failing which interest at the prevailing bank rate would be payable. On the preliminary objection of counsel for the State that such an order is appellable before the State Government under sub-section (3) of Section 40, the court, without adjudicating the merits, disposed of the writ petition with the observation that the petitioner may, if so advised, take recourse to the statutory alternative remedy; if recourse is taken within four weeks, the appropriate authority is to decide the appeal as expeditiously as possible. No precedent cases were cited.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8747 of 2024

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

Dinesh Kumar Pandey @ Dinesh Pandey S/o Harihar Pandey Ex Adhyaksh Pawar PACS, Block-Agiaon, Bhojpur, Ara, Resident of Khaneth, Police Station- Pawana, District- Bhojpur

... ... Petitioner/s

Versus

The State of Bihar through the Joint Registrar Co-operative Committee, Patna Pramandal Patna

The Principal Secretary, Co-operative Department, Govt. of Bihar, Secretariat, Patna

The Director, Co-operative Department, Govt. of Bihar, Secretariat, Patna

The District Co-operative Officer Co-operative Committee, Bhojpur, Ara

The District Audit Officer Co-operative Committee, Bhojpur, Ara

The Circle Officer Block Agiyanw, District- Bhojpur (Ara)

The Block Development Officer, Block Agiyanw, District- Bhojpur (Ara)

... ... Respondent/s

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

Appearance : For the Petitioner/s : Mr.Ram Jiban Pd. Singh For the Respondent/s : Mr.Addl. Advocate General 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

ORAL ORDER

4 04-12-2024 Heard the parties.

As per audit report dated 16-09-2022, the

recoverable amount from the petitioner who was the Chairman of Pawar PACS, Block Agion, was Rs. 17,12,836.05. Exercising the power u/s 40 of the Bihar Co-operative Societies Act, 1935, the Joint Registrar, Co-operative Societies by the impugned order dated 19-05-2023, directed the petitioner to deposit the due amount in the account of Pawar PACS within a period of one month from the date of passing of that order otherwise he

Patna High Court CWJC No.8747 of 2024(4) dt.04-12-2024 2/2

would be liable for the interest at the prevailing bank rate.

The preliminary objection has been raised by the

learned counsel for the State stating that u/s 40(3) of Bihar Cooperative Societies Act, 1935, the impugned order is appellable before the State Government under sub-section 3 of Section-40 of the Act.

This writ petition stands disposed of with the observation that the petitioner, if so advised, may take the recourse of alternative remedy, provided under the Statute.

If the petitioner takes the recourse of alternative remedy within a period of four weeks from today, the appropriate authority will decide the appeal as expeditiously as possible.

(Nawneet Kumar Pandey, J)

A.K.V.//-

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