IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.6771 of 2004
1. THE PROPOSED SIMRI BAKHTIYARPUR Anchal
Matsyajivi Swawlambi Co-operative Society Limited,
Andhri, Block Simri Bakhtiyarpur through its Chief
Promotor-cum-Chairman Babloo Sahni at Village&P.O.-
Chapram Kothi, P.S.-Bakhtiyarpur, District-Saharsa.
2. Babloo Sahni, Son of Khusilal Sahni, Chairman-cum-
Chief Promotor Simri Bakhtiyarpur Anchal Matsyajivi
Swawlambi Co-operative Society Limited, Resident of
Village-Paharpur, P.O.-Paharpur, P.S.-Bakhtiyarpur,
District-Saharsa.
........Petitioners
Versus
1. THE STATE OF BIHAR through Registrar, Co-operative
Societies, Bihar, Patna.
2. The Joint Registrar, Co-operative Societies, Koshi and
Purnea Davison, Saharsa.
3. The District Co-operative Officer, Saharsa.
4. Assistant Registrar, Co-operative Societies, Saharsa
Co-operative Anchal, Saharsa.
...Respondents 1st Set
5. The Simri Bakhtiyarpur Prakhand Swawlambi Matsyajivi
Co-operative Societies Limited, Paharpur through its
Chief Executive Rajendra Sahni Registered Office,
At+P.O.-Paharpur, P.S.-Simri Bakhtiyarpur, District-
Saharsa.
6. Rajendra Sahni, Son of late Ramjee Sahni, Resident of
Village+P.O.-Paharpur Bazar, P.S., Bakhtiyarpur,
District-Saharsa, Chief Executive Simri Bakhtiyarpur,
Anchal Matsyajivi Swawlambi Co-operative Societies
Limited, Paharpur, Saharsa.
..Respondents 2nd Set
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For the Petitioner : None
For the Respondent
Nos. 5 & 6 : Mr. Nitiranjan Jha, Adv.
For the State : Mr. Anshuman Singh, Adv.
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4/ 31.03.2011 Despite repeated calls, no body appears
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on behalf of the petitioners. However, I have
heard learned counsel, appearing on behalf of
respondent-State, and learned counsel appearing
on behalf of respondent nos. 5 and 6.
The present petition has been filed
questioning the validity and legality of the
registration of respondent no. 5, as a Society
under the provisions of The Bihar Self-Supporting
Co-operative Societies Act, 1996 (in short Act).
Learned counsel appearing on behalf of
respondents has supported the impugned action
of the respondents by placing reliance on the
averments made in their counter affidavit filed
separately. It is further submitted that if any body
is aggrieve by registration of a Society under the
provisions of the Act, then he is entitled to raise a
dispute before the cooperative tribunal constituted
under the provisions of the Act and said dispute is
required to be settled under the provisions of
Section 40 of the Act. Admittedly, the petitioners,
without resorting to the remedy available to them
under the provisions of the Act, have filed the
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present writ petition before this Court. It is also
highlighted that The Bihar Self-Supporting Co-
operative Societies Act, 1996 has further been
amended in the year 2010 by Bihar Act 21 of 2010
and there has been a drastic change in the law.
In the aforesaid facts and circumstances,
apparently this petition has become infructuous
with the passage of time and with the change of
law. Consequently, this Court does not find any
merit in the present writ petition, and it is
accordingly, dismissed. No costs.
( Birendra Prasad Verma, J.)
Anjani/