Baijnath Singh @ Baijnath Prasad Vs The Registrar General

IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.683 of 2024

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

Baijnath Singh @ Baijnath Prasad Son of late Ramautar Singh, Resident of village- Illahibagh, P.S.- Gauri Chak, District- Patna.

¶4

... ... Petitioner/s

¶5

Versus

¶6

The Registrar General High Court, Patna.

¶7

The Registrar, Co-operative Societies, Government of Bihar, 2nd Floor , Vikas Bhawan, New Secretariat, Patna.

¶8

Joint Registrar, Co-Operative Societies, Patna Division, Patna.

¶9

Noor Hassan Cooperative Housing Society Limited, Mohalla- sabjibagh,P.S. Pirbahore, Patna through its paid Manager.

¶10

Secretary, Noor- a- Saba, Co-operative Housing Society Limited, MohallaSabjibagh, P.S. Pirbahore, District- Patna.

¶11

Sri Md. Kamruddin, Son of Mohammad Sarfuddin, Resident of MohallaSabjibagh, P.S. Pirbahore, District- Patna- 800004.

¶12

Md. Amin, Son of Md. Abdulla, Resident of Mohalla- Sabjibagh, P.S. Pirbahore, District- Patna.

¶13

... ... Respondent/s

¶14

====================================================== Appearance : For the Petitioner/s : Mr.Ajay Prasad, Advocate For the Respondent/s : Mr.Sanjeev Kumar, Advocate ======================================================

¶15

CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

¶16

3 08-01-2025

¶17

Record has been taken up on mentioning being made

¶18

on behalf of the petitioner.

¶19

Heard learned counsel for the petitioner as well as learned counsel appearing on behalf of the High Court.

¶20

Learned counsel for the petitioner submits that an interlocutory application bearing I.A. No. 01 of 2024 has been filed to bring on record the fact that the restoration application bearing Misc. Case No. 03 of 2017, arising out of Execution

¶21

Patna High Court C.Misc. No.683 of 2024(3) dt.08-01-2025 2/3

¶22

Case No. 06 of 2007 has been pending before learned Subordinate Judge, 1^st , Patna City and this fact could not be mentioned in the main petition. Learned counsel further submits that the petitioner has approached this Court with limited prayer for early disposal of Misc. Case No. 03 of 2017 as the execution case of the petitioner bearing Execution Case No. 06 of 2007 has been dismissed and miscellaneous case has been filed for its restoration. Learned counsel further submits that the other side in miscellaneous case has appeared and despite this fact the matter is not taken up for disposal.

¶23

Since the petitioner has approached this Court with limited prayer for early disposal of miscellaneous case, I do not think that there is any need to issue notice to the private respondents.

¶24

Having regard to the facts and circumstances of the case, learned Subordinate Judge, 1^st , Patna City is directed to take up the matter showing urgency and dispose of Misc. Case No. 03 of 2017 within six months from the date of receipt/production of a copy of this order, if appearance of other side is complete.

¶25