LAWS(PAT)-2005-1-80

YOGESHWAR PRASAD Vs. STATE OF BIHAR

Decided On January 11, 2005
YOGESHWAR PRASAD Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard Ms. Anupama Sharma, learned counsel for the petitioners, Mr. Indeshwari Prasad Mandal for the State, Shri Binod Kumar Kanth, Senior counsel for the then Registrar, Cooperative Societies Mr. Rajesh Agrawal, and Mr. Basant Kumar Choudhary, learned counsel for respondent No. 10 and some of the intervenors. None for the other parties.

(2.) The petitioners being aggrieved by the order dated 18.4.2001, passed in Revision case No. 184 of 2000, by the Registrar, Co-operative Societies, Bihar, Patna, and before this court. The revision came to be filed before the Registrar, Co-operative Societies as the present petitioners were aggrieved by the orders passed by the District Co-operative Officer, Patna in Misc. Case No. 3 of 2000 on 23.6.2000 under which the District Co-operative Officer, Patna superseded the managing committee of Alaknanda Co-operative Housing Construction Society Ltd., under Section 41(1) of the Bihar Co-operative Societies Act, 1935.

(3.) A detailed order running in as many as 12 pages came to be passed by the said Registrar. He had discussed the legal position and also detailed the factual aspect. He recorded that there was no smoke screen doubt that the present managing committee of the said society is disobeying the orders of the Registrar Co-operative Societies (RCS) and the other Officers. He refused to interfere with the order passed by the District Co-operative Officer, Patna.