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Patna High Court

Vauelal MahtoversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is premature and there is nothing for the court to decide, leading to its dismissal.

Summary

The petitioner, elected Chairman of Sonama Primary Agricultural Credit Society, filed a writ seeking directions to initiate criminal and recovery proceedings against the ex‑Chairman for allegedly constructing an M.T. Godown using Rs 60 lacs of government funds and defalcating the money, and also to have the ex‑Chairman removed from charge. The respondents, representing the State of Bihar and cooperative authorities, produced a departmental report dated 31‑Oct‑2025 indicating that the construction was completed but departmental instructions were not fully complied with, and a letter dated 3‑Nov‑2025 directing the ex‑Chairman to clarify his position. The court noted that the ex‑Chairman had been asked to respond to the inquiry and that the petition was filed before any reply was received, rendering it premature. Consequently, the court found no matter left for adjudication in the writ petition. The petitioner was advised to pursue the complaint through the appropriate departmental channels, and the application was disposed of.

Issues considered

  • Whether the writ petition is maintainable when a departmental inquiry and response from the ex‑Chairman are pending.
  • Whether the court can direct initiation of criminal and recovery proceedings against the ex‑Chairman in the absence of a completed departmental investigation.

Subjects

  • Cooperative Societies
  • Writ Petition
  • Premature Filing
  • Illegal Construction
  • Defalcation
  • Departmental Inquiry

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.20309 of 2025
                 ======================================================
                 Vauelal Mahto S/o Jageshwar Mahto, Resident of Village- Sonma, P.S.-
                 Bakari, District- Begusarai.

                                                                           ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through its Secretary, Co-operative Department, 2nd
                 Floor, Vikas Bhawan, New Secretariat, Bailey Road, Patna at Patna.
           2.    The Registrar, Co-operative Societies, 2nd Floor, Vikas Bhawan, New
                 Secretariat, Bailey Road, Patna at Patna.
           3.    The District Co-operative Officer, Begusarai at Begusarai.
           4.    The Senior Co-operative Extension Officer, Chhaurhi, District- Begusarai.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s       :        Mr. Rahul Singh, Advocate
                                                     Mr. Amar Kumar Singh, Advocate
                                                     Mr. Chitranjan Kumar, Advocate
                                                     Ms. Mona Verma, Advocate
                 For the Respondent/s       :        Government Pleader (6)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

3   02-07-2026                     Heard learned counsel for the petitioner and learned

                   counsel for the respondents.

                                 2. Though the case was listed under the heading ‘For

                   Orders (On Petitions)’, the writ application itself has been

                   heard.

                                 3. The petitioner has filed the instant application for

                   the following relief (s) :-

                                                “1. (i) For giving direction to Respondent
                                        authority to initiate proceeding against Ex-
                                        Chairman of Sonama Primary Agricultural Credit
                                        Societies namely Md. Majahid Hussain who
                                        illegal constructed M.T. Godown.
Patna High Court CWJC No.20309 of 2025(3) dt.02-07-2026
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                           (ii) For giving direction to Respondent authority
                           to initiate recovery proceeding defalcated money
                           which was spent for construction of M.T. Godown
                           by violating term, direction and guideline of
                           department.
                           (iii) For giving direction to Respondent authorities
                           to give charge of Chairman of Sonama Primary
                           Agricultural Credit Societies.”


                      4. The grievance of the petitioner who happens to be

          presently elected Chairman of the Sonama Primary Agricultural

          Credit Society, Begusarai is that the Ex-Chairman did not

          handover charge to the petitioner on the petitioner’s election and

          proceeded with the construction of a M.T. Godown from the

          Government fund of Rs. 60 lacs with the intention to defalcate

          the said money. It is for this reason that the petitioner has filed

          the instant writ application for the relief as quoted herein above

          and by filing I.A. no. 1 of 2026 seeks to add the Ex-Chairman as

          a party respondent in the main writ application.

                      5. On perusal of the counter affidavit filed on behalf

          of the respondent nos. 1, 2, 3 and 4, it transpires that a report

          with respect to the matter in issue was submitted on 31.10.2025

          by     the Senior Co-operative Extension Officer, Chhaurahi

          stating therein the departmental instructions had not been fully

          complied with. A letter dated 3.11.2025 has been written by the
Patna High Court CWJC No.20309 of 2025(3) dt.02-07-2026
                                           3/4




          District Cooperative Officer, Begusarai to the Ex-Chairman to

          clarify his position and the same is still awaited.

                      6. The relevant paragraphs of the counter affidavit is

          reproduced herein below for ready reference :

                                  “15) That it is stated that the Senior Co-
                           operative Extension Officer, Chhaurahi by his
                           report dated 31.10.2025 arrived at the conclusion
                           that the Godown has been constructed, but the
                           departmental instructions have not been fully
                           complied with.
                           16) That thereafter vide letter no.2659 dated
                           03.11.2025 the District Co-operative Officer,
                           Begusarai directed the Ex-Chairman of Sonama
                           Primary Agricultural Credit Society that to clarify
                           his position, within three days, point by point on
                           the issues raised in the inquiry report.
                                                  Photo copy of the letter
                                                  no.2659 dated 03.11. 2025 are
                                                  annexed herewith and marked
                                                  as Annexure-R/2 Series to this
                                                  counter affidavit.
                           17) That the writ petition is manifestly premature,
                           having been filed on 04.12.2025, without awaiting
                           the reply from the Ex-Chairman in response to the
                           letter no.2659 dated 03.11.2025.”


                      7. In view of the above, in the opinion of the Court,

          the respondent authorities already having acted upon the

          complaint and the Ex-Chairman having been asked to submit his
         Patna High Court CWJC No.20309 of 2025(3) dt.02-07-2026
                                                    4/4




                   response to the report, in the opinion of the Court, nothing

                   remains to be decided in the writ application.

                               8. The petitioner may follow up his complaint with

                   the respondent authorities.

                               9. The application stands disposed of.



                                              (Partha Sarthy, J)
Shiv/-

U


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