High Court Patna High Court - Orders

Ramadhin Sahni &Amp; Anr vs The State Of Bihar &Amp; Ors on 9 December, 2010

Patna High Court – Orders
Ramadhin Sahni &Amp; Anr vs The State Of Bihar &Amp; Ors on 9 December, 2010
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CWJC No.4197 of 2008

               1. RAMADHIN SAHNI, SON OF LATE SHIV NANDAN SAHNI,
                  RESIDENT OF VILLAGE--DHARHARA, P.S. ANDHRAMATH
                  DISTRICT- MADHUBANI.
               2. THAKAI MUKHIA SON OF LATE BHULLAR MUKHIA
                  RESIDENT OF VILLAGE- KARIOUT, P.S. LAUKAHI,
                  DISTRICT- MADHUBANI (BIHAR)
                                                    .... PETITIONERS.
                                         Versus
               1. THE STATE OF BIHAR THROUGH THE SECRETARY, CO-
                  OPERATIVE DEPARTMENT, BIHAR, PATNA.
               2. THE REGISTRAR, CO-OPERATIVE SOCIETIES, BIHAR,
                  PATNA.
               3. THE JOINT REGISTRAR, CO-OPERATIVE SOCIETIES,
                  DARBHANGA COMMISSIONARY, DARBHANGA.
               4. THE DISTRICT MAGISTRATRE, MADHUBANI.
               5. THE DISTRICT C0-OPERATIVE SOCIETY EXTENSION
                  OFFICER, MADHUBANI.
               6. THE ASSISTANT REGISTRAR, CO-OPERATIVE
                  SOCIETIES-CUM-CONDUCTING OFFICER,
                  JHANGHARPUR CIRCLE, JHANJHARPUR, MADHUBANI.
               7. THE BLOCK DEVELOPMENT OFFICER, LAUKAHI,
                  MADHUBANI.
               8. THE CO-OPERATIVE EXTENSION OFFICER, LAUKAHI,
                  MADHUBANI.
               9. CO-OPERATIVE EXTENSION OFFICER, KHUTOWNA-CUM-
                  RETURNING OFFICER, LAUKAHI, MADHUBANI.
                                                    ... RESPONDENTS.
                                       -----------

2. 09.12.2010. Heard learned counsel for the petitioners, State

and the counsel for the Intervener, Ram Balak Mukhiya.

2. Petitioner assailed the result of the election

held for constituting the management committee of

Laukahi Fisherman Co-operative Societies Ltd. held on

20.01.2008. The election dispute was considered by the

District Co-operative Officer against whose order matter

was taken in appeal vide Election Case no. 109 of 2008

which was disposed of under orders dated
2

13.8.2010/31.8.2010. Against the aforesaid order dated

13.8.2010/31.8.2010 intervenor Ram Balak Mukhiya filed

a review petition which is still pending but till date no

interim order has been passed in the said review so

submitted Sri Rakesh Kumar Jha counsel for Ram Balak

Mukhiya. When such order was recorded Sri Jha went

through his file and came out with an order dated

7.10.2010, whereunder the order dated

13.8.2010/31.8.2010 has been put in abeyance. Aforesaid

casual conduct of Sri Jha is not to be appreciated by this

Court however, taking a lenient view of the matter no

further action is taken against him. It is submitted by the

counsel for the petitioner that the aforesaid order dated

7.10.2010 putting the order dated 13.8.2010/31.8.2010

in abeyance has been passed on account of the pendency

of the writ petition. The writ petition is permitted to be

withdrawn directing the authority before whom the review

matter is pending to proceed with the matter and to

dispose of the same in accordance with law, as early as

possible, in any case within one month from the date of

receipt of this order.

Ibrar/-                            (V.N. Sinha, J.)