Ram Naresh Rai & Ors vs The State Of Bihar & Ors on 12 July, 2017

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Patna High Court

Ram Naresh Rai & Ors vs The State Of Bihar & Ors on 12 July, 2017

Bench: Ahsanuddin Amanullah

        IN THE HIGH COURT OF JUDICATURE AT PATNA
                 Civil Writ Jurisdiction Case No. 11602 of 2015
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1. Ram Naresh Rai, Son of Late Ramdhyan Rai.
2. Uma Shankar Rout, Son of Chatu Rout.
3. Mridula Devi, Wife of Birchandra Rout.
4. Hiralal Paswan, Son of Sitaram Paswan.
5. Malti Devi, Wife of Siman Paswan.
6. Sudhakar Prasad Rai, Son of Jagdish Rai.
7. Sita Kumari, Son of Ravindra Prasad.
   All residents of village + P.O.- Mohanpur, P.S.- Patori, District- Samastipur.

                                                             .... ....   Petitioner/s
                                      Versus
1. The State of Bihar
2. The Principal Secretary, Co-operative, Government of Bihar, Patna.
3. The Registrar, Co-operative Societies, Government of Bihar, Patna.
4. The District Co-operative Officer, Samastipur.
                                              .................... Respondents 1st Set.
5. Mohanpur Primary Agriculture Credit Co-operative Society Ltd. Under
   Mohanpur Block, District- Samastipur through its Administrator Block Co-
   operative Extension Officer, Mohiuddin Nagar, Samastipur.
6. Dinesh Kumar Rai, Son of Late Yugeshwar Rai, Chairman, Mohanpur PACS,
   resident of village + P.O.- Mohanpur, P.S.- Patori, District- Samastipur.

                                           .... .... Respondents 2nd set.
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Appearance :
For the Petitioner/s  :    Mr. Alok Kumar, Advocate
For the Respondent/s  :    Mr.
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
                     ORAL JUDGMENT
Date: 12-07-2017

                  Heard learned counsel for the petitioners. Nobody

     appears on behalf of the State or the respondents no. 5 and 6, who

     have been validly served.

                  2. The petitioners have moved the Court for the

     following reliefs:-

                         i) That the order dated 02.07.2015 /
                  08.07.2015

passed by Learned Registrar Co-

operative Societies, Bihar, Patna in Revision Case No. 143/2015 contained in annexure-2 may be Patna High Court CWJC No.11602 of 2015 dt.12-07-2017 2/2 quashed.

ii) That any other relief or reliefs may be allowed which will be just, proper and equitable on the opinion of this Hon'ble court."

3. Learned counsel for the petitioners submitted that the issue involved has been decided by a Division Bench of this Court by judgment and order dated 11.11.2016 passed in L.P.A. No. 2029 of 2015 (Indradeo Prasad and Ors. vs. The State of Bihar and Ors.). The Court finds such contention to be correct.

4. In view thereof, the writ petition stands disposed off in terms of the ratio of the aforesaid judgment.

5. Accordingly, the order impugned dated 02.07.2015/ 08.07.2015, passed by the Registrar Co-operative Societies, Bihar, Patna in Revision Case No. 143 of 2015, stands quashed.

6. The Bihar State Election Authority shall take appropriate action in terms of the order passed in L.P.A. No. 2029 of 2015, expeditiously.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U

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