Patna High Court - Orders
Ramesh Kumar Mishra vs The State Of Bihar on 10 July, 2025
Author: Alok Kumar Sinha
Bench: Alok Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8151 of 2025
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Ramesh Kumar Mishra Son of Sri Bhola Nath Mishra, Resident of Flat No.
201, Varti Vihar, West Patel Nagar, P.O. - Lal Bahadur Shastri Nagar, Patna,
District- Patna, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Department of Corporative
Govt. of Bihar, Patna.
2. The Registrar Co-operative Societies, Bihar, Patna.
3. The Bihar State Co-operative Milk Products Federation Ltd. COMFED
Veterinary College Campus, Patna.
4. The Managing Director, Bihar State Co-operative Milk Products Federation
Ltd. COMFED, Veterinary College Campus, Patna.
5. The Inchare Managing Director, Shahabad Milk Products Co-operative
Union Ltd., Bhojpur at Ara.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Shekhar Singh, Sr. Advocate
Mr. Sumit Kumar, Advocate
Mr. Avinash Kumar Singh, Advocate
For the Respondent/s : Mr. Sunil Kumar Mandal, SC-3
Mr. Bipin Kumar, AC to SC-3
Mr. Nikesh Kumar, Advocate
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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 10-07-2025Heard learned Senior Counsel appearing for petitioner, learned counsel appearing for respondent State and learned counsel appearing on behalf of respondent no.3 and 4.
2. The petitioner in the present writ application has prayed for the grant of following reliefs:
"(i) For quashing the part of the order dated 22.11.2024, passed in Surcharges Proposal No.22/2019 as contained in Memo No. 726/RL/Patna dated 27.11.2024 by the Registrar Co-operative Societies, Bihar, Patna (Respondent No. 2) to the extent she has directed to identify the Patna High Court CWJC No.8151 of 2025(2) dt.10-07-2025 2/4 concerned parties for embezzlement, fraud and financial irregularity due to which loss has been occurred and recovered the loss although she had dropped surcharges proposal taking into consideration the mandatory provision of section 40 of Bihar co-operative Societies Act, 1935 but in the 2nd part, the part of the order after dropping surcharge proposal she has directed to identify the person concerned and recovered the same which is without jurisdiction, bad in law and is fit to be quashed.
(ii) For quashing the letter No. COMFED pers.
4570 dated 04.12.2024 whereby and where under enclosing the order dated 22.11.2024 passed in Surcharge Proposal No. 22/2019 the incharge (Personal and Administrative) COMFED directed the Incharge Managing Director Shahabad Co- operative Milk Products Union of take further action and inform COMFED Head Quarter.
(iii) For quashing the office order as contained in Letter No. 919 dated 26.02.2025, Letter No. 920, dated 26.2.2025 issued by the Incharge Managing Director Shahabad Dugdha Utpadak Sahkari Sangh Ltd. (Respondent No. 5) whereby and where under he has qualified the amount to be recovered from the petitioners and others without having any Valid order of competent jurisdiction. Further for quashing other all consequential letters in furtherance of letter No. 919, dated 26.2.2025 and letter No. 920 dated 26.2.2025 issued by the same Incharge Managing Director whereby and where under he has directed petitioner to deposit the amount mentioned in the letter No. 919 dated 26.02.2025 and further Requested the respondent Patna High Court CWJC No.8151 of 2025(2) dt.10-07-2025 3/4 No. 4 to recover the aforesaid amount from the petitioner vide letter No. 920 dated 26.2.2025.
(iv) For restraining the Respondents from acting on the basis of and order dated 22.11.2024 passed in Surcharge Proposal No. 22/2019 which is without jurisdiction and nonest in the eyes of law.
(v) For any other relief/reliefs for which the petitioners may be found entitled too.
3. Learned Senior Counsel appearing for the petitioner attracts the attention of this Court to two orders passed by this Court in similar cases. The first being order dated 23.04.2025 passed in CWJC No.6681 of 2025 and the other being order dated 25.04.2025 passed in CWJC No.6792 of 2025. Learned Senior Counsel submits that this case is similar to the other two cases.
4. Issue notice to respondent no.5 by both the modes, registered as well as ordinary process, for which necessary requisites must be filed by the petitioner within two weeks, failing which the present writ application will stand dismissed qua respondent no.5.
5. Learned counsel for respondents-State submits that State has already filed counter affidavit in this case. Learned counsel appearing for respondent no.3 & 4 is directed to file counter affidavit within four weeks from today. Patna High Court CWJC No.8151 of 2025(2) dt.10-07-2025 4/4
6. Put up this case on 18.08.2025 along with CWJC No.6681 of 2025 and till the next date of hearing status quo shall be maintained.
(Alok Kumar Sinha, J) Prakash Narayan U