S.J.MUKHOPADHAYA, J. - (1.) THIS writ petition has been preferred by Chainpur Vyapar Mandal and Bihar State Co -operative Society against Notification No. 547 dated 12th July, 2001, whereby and whereunder, one Sri Hari Shankar Prasad, the then Managing Director, Bihar State Co -operative Lac Marketing Federation Limited, BISCOLAMF for short was transferred to joint Headquarters and 4th respondent Jitendra Kuer, Principal, Cooperative Training Center. Ranchi, has been given additional charge of Managing Director, BISCOLAMF, Ranchi. The impugned order has been issued by the State of Jharkhand.
(2.) THE case was heard on 18th July, 2001 and notice was issued on 4th respondent. The State of Bihar was imp leaded as 5th respondent and the counsel for the State of Jharkhand and State of Bihar were asked to file counter - affidavit. Operation of the impugned notification dated 12th July, 2001 was stayed. The 4th respondent on appearance, filed a petition for vacating the stay, granted vide order dated 18th July, 2001, at Flag -B. A counter -affidavit has also been filed on behalf of respondents No, 1 to 4. No separate counter -affidavit has been filed by the State of Bihar. The case was heard on merit. The 4th respondent has taken specific plea relating to maintainability of the writ petition, at the instance of the petitioners. According to the counsel for the 4th respondent, Chainpur Vyapar Mandal -Ist petitioner is merely a member of BISCOLAMF, Ranchi. The 2nd petitioner Bihar State Cooperative Society is an ambiguous name, given by Director Shiv Prasad Gupta. The Director Shiv Prasad Gupta has not been authorised by the BISCOLAMF to file any writ petition before any Court of law. It was submitted that the writ petition at the instance of the petitioners is not maintainable.
(3.) COUNSEL for the 4th respondent further submitted that the interim order dated 18th July, 2001 stood vacated on completion of fortnight period under Article 226(3) of the Constitution of India, as the order was passed exparte without hearing the 4th respondent. Subsequently after service of copy on the counsel for the petitioners, the petition for vacating stay was filed on 20th July, 2001, but no order was passed thereon.;