Patna High Court
Vauelal MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
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
2/4
(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
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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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