Madhya Pradesh High Court
Sukhnath Patel vs The State Of Madhya Pradesh on 20 June, 2017
HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT
AT JABALPUR
Writ Petition No.18461/2016
Sukhnath Patel.
Vs.
The State of Madhya Pradesh.
Present : Hon'ble Ms. Vandana Kasrekar, J.
_____________________________________________________
Mr. Rahul Singh, learned counsel for the petitioner.
Mrs. Janvi Pandit, learned Government Advocate for the
respondent/State.
Mr. Sanjeev Kumar Singh, learned counsel for the
respondents No.3 and 4.
O R D E R
(20.06.2017) The petitioner has filed the present petition challenging the order dated 12.08.2015 (Annexure P/1) and prayed for a direction to the respondents to not to close the branch of Karthua of Zila Sahkari Kendriya Bank Ltd. Singrauli by considering representation of the petitioner.
2. District Co-Operative Central Bank Ltd. Sidhi, on a finding that nine of its branches i.e.,Sahji, Patpara, Lehchua, Podi, Bagdara, Mada, Karthua, Bagaiya and Kusmi were opened without following any procedure and without any permission from the concerned authority directed for its closure which is order dated 12.08.2015 (Annexure P/1).
3. Petitioner who was account holder in one of the branches at Karthua has preferred this petition seeking quashment of the order dated 12.08.2015 and a direction to 2 Writ Petition No.18461/2016 District Co-operative Central Bank not to close its branch at Karthua.
4. Return has been filed by respondent/Bank stating therein that Karthua Branch has been opened by respondent No.3 without following any Rules and Regulations and without taking any permission of the Higher Authority. It is contended that as per Circular issued by National Bank for Agricultural and Rural Development (NABARD) a branch cannot be opened without permission of Registrar Co-Operative Societies. It is further stated that as per said circular the is to be performed by Core Banking Solutions, whereas the branches which were opened without any permission were found to have been working manually.
5. It is further contended that the Additional Commissioner, Cooperative Societies vide his letter dated 05.08.2014 directed for closure of these branches as the same was contrary to the norms laid down by NABARD circulated vide its letter dated 28.10.2013 addressed to the Chairman/CEO/MD of State Cooperative Banks calling upon them to ensure that new branches are opened directly under CBS environment only.
6. It is further observed that, the branch being opened under CBS environment it will necessitate proper planning by the Bank as the ASP vendor has to be intimated in this regard alteast 45 days in advance along with copy of NOC for installation of V-SAT for the branch.
3 Writ Petition No.18461/20167. No material has been commended at to establish the procedure as was required to be followed and as was laid down by the NABARD, has been followed to open these nine branches.
8. It is further noticed that the petitioner has not been prejudicially effected by the closure of this branch as their accounts have transferred to regular established branches.
9. In view whereof, devoid of merits stands dismissed. There shall be no costs.
(Ms.Vandana Kasrekar) Judge RC HIGH COURT OF MADHYA PRADESH : JABALPUR Writ Petition No.18461/2016 Sukhnath Patel.
Vs. The State of Madhya Pradesh.
ORDER Post it for : __.0__.2017 (Ms. Justice Vandana Kasrekar) JUDGE __.__ .2017