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

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

What the court decided

AI extract

Outcome

Liberty to the petitioners to place their petition before the Registrar Co-operative Society within two weeks, with the Registrar to decide the petition within four weeks from the date of receipt.

Issue for consideration

Whether the petitioners had approached the correct authority for redressal of their grievance, i.e., the District Co-operative Officer, Nawadah, as opposed to the Registrar Co-operative Society under Section 48 of the Bihar Cooperative Societies Act, 1935.

Court's answer

The petitioners were permitted to place their petition before the Registrar Co-operative Society within a period of two weeks.

Ratio / Principle

The Registrar Co-operative Society was directed to decide the petitioners' petition within a period of four weeks from the date of receipt of such petition.

Key takeaways

The Court recorded, as reliably learnt, that the District Co-operative Officer had informed the petitioners to present the petition before the Registrar Co-operative Society, on which basis the present petition stood disposed of.obiter¶25

Detailed headnote1 paragraphs

Patna High Court (Order per P. B. Bajanthri, J; Alok Kumar Pandey, J on the Bench) disposed of MJC No.846 of 2023 arising out of CWJC No.13780 of 2022 (Rauki Kumar and Sonu Kumar v. The State of Bihar and others). None appearing for the petitioners, counsel for the opposite parties submitted that the petitioners had approached the wrong authority, the District Co-operative Officer, Nawadah, instead of the Registrar Co-operative Society under Section 48 of the Bihar Cooperative Societies Act, 1935. The Court, noting it was reliably learnt that the District Co-operative Officer had himself informed the petitioners to present the petition before the Registrar Co-operative Society, permitted the petitioners to place their petition before the Registrar Co-operative Society within two weeks and directed the Registrar to decide the petition within four weeks from receipt; the MJC stood disposed of accordingly.

IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.846 of 2023

In

Civil Writ Jurisdiction Case No.13780 of 2022

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

Rauki Kumar Son of Pawan Kumar, Resident of Village- Kulna, Police Station and Block - Akbarpur, District- Nawadah.

Sonu Kumar Son of Arbind Singh, Resident of Village - Kulna, Police Station and Block - Akbarpur, District - Nawadah.

... ... Petitioner/s

Versus

The State of Bihar through the Principal Secretary, Department of Cooperative, Government of Bihar, Patna Namely Smt. Bandana Preyashi.

The District Magistrate, Nawadah, namely Smt. Udita Singh.

The District - Co-Operative Officer, Nawadah namely Mr Santosh Kumar.

The Block Co-Operative Extension Officer, Akbarpur District - Nawadah namely Mr. Ajit Kumar.

The Block Development Officer, Akbarpur, District- Nawadah namely Mrs Geeta Devi.

... ... Opposite Party/s

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

Appearance :

For the Petitioner/s : None For the Opposite Party/s : Mr.Manoj Kumar Ambastha (Sc26) Mr.Tripurari Nath Ambastha, AC to SC 26 Mr.D. Vinod, AC to SC 26

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

CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and

HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

5 26-02-2024 None appears for the petitioners.

Learned counsel for the opposite parties on instruction submitted that petitioner has approached the wrong authority, namely, District Co-operative Officer instead of Registrar Co-operative Society under Section 48 of Bihar Cooperative Societies Act, 1935.

Patna High Court MJC No.846 of 2023(5) dt.26-02-2024 2/2

It is reliably learnt that District Co-operative Officer is stated to have informed the petitioners to present the petition before the Registrar Co-operative Society. Therefore, the present petition stands disposed of in the following manner:-

“The petitioners are permitted to place his petition before the Registrar Co-operative Society within a period of two weeks from today. Thereafter, Registrar shall decide the petitioners’ petition within a period of four weeks’ from the date of receipt of such petition.”

With the above observation, the present MJC No. 846 of 2023 stands disposed of.

(P. B. Bajanthri, J)

( Alok Kumar Pandey, J)

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