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Patna High Court

Rajniti YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

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
                 ======================================================
           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.
Patna High Court CWJC No.1450 of 2026(2) dt.02-02-2026
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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
Patna High Court CWJC No.1450 of 2026(2) dt.02-02-2026
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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
            Patna High Court CWJC No.1450 of 2026(2) dt.02-02-2026
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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/-

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