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Patna High Court

Chandan KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that, in the absence of specific allegations and after the petitioner had an alternative remedy, the writ petition could not be entertained.

Summary

Petitioner Chandan Kumar filed a writ petition seeking a mandamus directing various state authorities to act against alleged irregularities by the Gobadda PACS Chairman in the 2025-26 paddy procurement. He claimed to have made a representation to the Registrar of Bihar Cooperative Societies on 16-12-2025, which allegedly received no action. The Court observed that the petitioner had an alternative remedy before the authority to which the representation was made and that the petition lacked specific details of the alleged irregularities, which are essential for enquiry and evidence collection. Consequently, the Court declined to entertain the writ petition. The petition was therefore disposed of.

Issues considered

  • Whether a writ of mandamus can be issued to compel action on alleged irregularities in paddy procurement without specific particulars.
  • Whether the petitioner must first exhaust the remedy of filing a representation with the Registrar before approaching the court.

Subjects

  • writ jurisdiction
  • mandamus
  • cooperative societies
  • paddy procurement
  • irregularities
  • representation
  • jurisdiction
  • petition disposal

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.2956 of 2026
                 ======================================================
                 Chandan Kumar S/o Dinesh Bind, Resident of Village- Gobadda, P.S-
                 Kharagpur, District- Munger.

                                                                          ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Additional Chief Secretary, Department of
                 Co-operative, Patna.
           2.    The Additional Chief Secretary, Department of Co-operative, Patna.
           3.    The Registrar, Bihar Cooperative Societies, Government of Bihar, Patna.
           4.    The District Magistrate, Munger.
           5.    The Sub-Divisional Officer, Munger.
           6.    The District Cooperative Officer, Munger.
           7.    The Block Development Officer, Haveli Kharagpur, Munger.
           8.    The Munger District Central Cooperative Bank, Munger Through its
                 Managing Director.
           9.    The Managing Director, The Munger District Central Cooperative Bank,
                 Munger.
           10. The Chairman, Gobada PACS- Vyapar Mandal Haveli Kharagpur, Munger.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Gyan Prakash, Advocate
                 For the Respondent/s   :      Mr. Akash Raj, AC to GA-5
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

2   02-04-2026                 The petitioner Chandan Kumar has filed this writ

                   petition seeking for following reliefs:-

                                                (i) To issue a writ/writ in the nature of
                                                Mandamus commanding and directing
                                                the respondent authorities to take
                                                proper action on the irregularities
                                                committed by the Gobadda PACS
                                                Chairman (Respondent no. 10) on the
Patna High Court CWJC No.2956 of 2026(2) dt.02-04-2026
                                            2/3




                                          paddy procurement process of the year
                                          2025-2026.
                                          (ii) To issue a writ of writs
                                          commanding and directing responding
                                          authorities to take legal action against
                                          the Gobadda PACS Chairman
                                          (Respondent no. 10) for the illegality
                                          committed in the paddy procurement
                                          in the year 2025-2026.
                                          (iii) To issue other appropriate writ/
                                          writs, order/ orders, direction/
                                          directions as this Hon'ble Court may
                                          deem fit and proper in the facts and
                                          circumstances of this case.

                      2. During course of hearing, the learned counsel for

          the petitioner submits that in the matter relating to such

          irregularities     committed        in   the   paddy   procurement,    a

          representation was made to the respondent no. 3, the Registrar,

          Bihar Co-operative Societies, Government of Bihar, Patna on

          16.12.2025, but no action has been taken.

                      3. In view of such state of affair, it is open to the

          petitioner to pursue his remedy before the concerned authority,

          before whom he has submitted the representation. Since there is

          absence of particulars of the nature of irregularities alleged to

          have been committed by respondent no. 10 on the paddy

          procurement process of the year 2025-26, which requires

          enquiry and verification of the documents, collection of

          evidences, etc, we are not inclined to entertain this writ petition.
             Patna High Court CWJC No.2956 of 2026(2) dt.02-04-2026
                                                         3/3




                                   4. Accordingly the same is disposed off.



                                           (Sangam Kumar Sahoo, CJ)


                                                   (Harish Kumar, J)
supratim/-

U


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