Patna High Court
Rajniti YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ANIL KUMAR SINHA
Holding
The writ petition is premature and is dismissed.
Summary
The petitioners, a group of cooperative bank account holders, challenged several notices issued by the Branch Manager of Khagaria Central Co‑operative Bank directing them to deposit amounts or submit opinions on alleged suspicious transactions in a different account. The notices were based on a committee report commissioned by the Registrar of Cooperative Societies after a vigilance inspection flagged irregularities in the distribution of agricultural loans. The petitioners argued that the transactions were cash deposits, that the alleged irregularities dated back ten years, and that the bank had been regularly audited without prior findings of misconduct. The respondents contended that the writ petition was premature because the Registrar had not yet issued a final order on the committee’s findings. The Court held that the petition was indeed premature, that the notices did not exhibit any infirmity warranting judicial interference, and consequently dismissed the writ petition.
Issues considered
- Whether a writ petition challenging bank notices is maintainable when the administrative inquiry and final order by the Registrar of Cooperative Societies are pending.
- Whether the notices issued by the cooperative bank can be quashed on the ground of being premature and lacking substantive basis.
Subjects
- writ petition
- premature litigation
- cooperative bank
- suspicious transaction
- administrative law
- bank notices
- Cooperative Societies
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1450 of 2026
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1. Rajniti Yadav Son of late Valdev Yadav, Resident of Village- Badi Kothiya,
Post-Kothiya, Police Station Gangaur, Khagariya, District-Khagariya.
2. Sanjay Kumar Singh, Son of Devki Nandan Singh, Resident of Village Ward
no. 10 Sungathiya, Police Station - Gangaur, District- Khagariya.
3. Deepak Kumar, Son of Tejnarayan Singh, Resident of Village- Tetrabadh,
Police Station - Khagariya, District- Khagariya.
4. Sachidanand Ray, Son of Ramotar Roy, Resident of Village- Vidharthi Tola,
Post-Mansi, Police Station - Mansi, District - Khagariya.
5. Kumar Niranjan, Son of Bhola Ray, Resident of Village- Vidharthi Tola,
Post- Mansi, Police Station - Mansi, District - Khagariya.
6. Ashok Singh @ Ashok Kumar Son of late Brahmdev Prasad Singh, Resident
of Village- Jahangira, Police Station - Gangor, District- Khagariya.
7. Shri Nandlal Thakur, Son of Jitan Thakur, Resident of Village- Praman
Thakur, Post-Koshi, Police Station Muffasil, District- Khagariya.
8. Ramanand Prasad Singh, Son of Ydunandan Prasad Singh, Resident of
Village-Ramnagar Math, Police Station Labhgaon, District-Khagairya.
9. Ram Joyti Devi @ Radha Devi, wife of Sachchidananda Ray, Resident of
Village Ward no.11. Vidyarthi Tola, Police Station Sansarpur, District-
Khagariya.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar.
2. The Registrar, Cooperative Societies, Bihar, Patna.
3. The Managing Director, Khagaria Central Cooperative Bank Ltd., Khagaria.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashi Shekhar Sinha
For the State : Mr. Anil Kumar Verma, AAG 9
For the Bank : Mr. Bindhyachal Rai
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 02-02-2026 1. The present writ application has been filed for quashing
the notices issued by the Branch Manager, Khagaria
Central Co-operative Bank Limited. against the
petitioners vide memo no.61 dated 06.09.2024, memo no.
Patna High Court CWJC No.1450 of 2026(2) dt.02-02-2026
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43, dated 21.10.2025, memo no. 45 dated 21.10.2025,
memo no. 59, dated 13.11.2025, memo no. 39 dated
17.10.2025, memo no. 44, dated 21.10.2025, memo no.
63 dated 06.09.2024, memo no. 42 dated 21.10.2025
where by the petitioners were directed to submit their
opinion with regard to alleged suspicious transaction in
their bank accounts.
2. The brief facts giving rise to the present writ application
is that on the inspection report of the Chief Vigilance
Officer, alleging certain irregularities in the distribution of
agriculture loan in Account No. 000115008005753, the
Joint Registrar (Audit), Co-operative Societies,
constituted a three-member committee, vide memo no.
9464, dated 20.12.2023, to enquire into the matter and
submit the report within a fortnight.
3. The Committee conducted the inquiry and submitted its
report to the Registrar, Co-operative Societies, vide letter
no. 180, dated 27.05.2024. The Committee, during
enquiry, found certain transactions to be suspicious in the
alleged account from 14.03.2013 to 19.08.2023, as there
was no Voucher/records/ledger maintenance of the
transactions by the bank officials during that period.
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4. After receipt of the report of the Committee, the Branch
Manager, Khagaria District Central Co-operative Bank,
issued impugned notices to the petitioners, whereby the
petitioners were directed to deposit their respective
amount as soon as possible in the bank account, otherwise
submit their opinion in this regard within a period of
seven days.
5. The Managing Director of the Khagaria District Central
Co-operative Bank issued letter no. 6641, dated
12.11.2025, directing the Branch Manager of the Bank to
lodge First Information Report against the petitioners as
well as the officials of the bank.
6. Aggrieved by the issuance of notices, the petitioners have
filed the present writ application.
7. Learned Counsel appearing on behalf of the petitioners
argued that the bank statements of the accounts of the
petitioners clearly demonstrate that the amounts were
deposited in the accounts of the petitioners by way of
cash and were not transferred from the Account No.
000115008005753, which is alleged to be suspicious in
nature. He further argued that notices have been issued in
the year 2024-2025, after a lapse of nearly 10 years
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inasmuch as the alleged transactions pertain to the year
2016. He further argued that in all these years the bank
has been regularly audited and nothing suspicious came
from audit. He further argued that one of the petitioners
submitted a detailed explanation to the bank.
8. On the other hand, learned Counsel for the respondents
submits that thi8s writ application is premature inasmuch
as the matter is still pending before the Registrar and no
final order or decision has been taken by the Registrar,
Co- operative Societies, on the basis of the said inquiry
report.
9. I have heard learned Counsel for the parties concerned
and have gone through the materials available on record.
10. The instant writ petition is premature as no final order has
been passed. The petitioners cannot be permitted to put
the cart before the horse. The present petition is based on
preponderance of probability as the same is arising out of
notices issued by the respondents in which only opinion
was sought from the petitioners. Rather than giving their
opinion, the petitioners have approached this Court
challenging the issuance of notices.
11. In the opinion of this Court, the impugned notices do not
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suffer from any infirmity, warranting interference by this
writ court.
12. Accordingly, this writ petition, being devoid of any merit,
is dismissed.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
U √
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