Patna High Court

Nagendra SahniversusThe State of Bihar

Decided: 17 March 2026
Disposal: DISPOSED
Bench: PARTHA SARTHY

Holding

The writ petition is not maintainable against the private individual and is dismissed, with liberty to file a fresh representation before the District Co‑operative Officer.

Summary

The petitioner, Nagendra Sahni, filed a writ application seeking a direction to the District Co‑operative Officer, Muzaffarpur, to consider a representation he had submitted. The representation complained against a private individual, Navdurge Agro Foods Pvt. Ltd., which the respondents argued rendered the writ non‑maintainable. The Court examined whether a writ could be issued against a private party and whether the District Co‑operative Officer had jurisdiction to entertain the grievance. It held that the writ was not maintainable against the private respondent and dismissed the application, but granted the petitioner liberty to file a fresh representation before the appropriate officer. The Court directed that any such representation be dealt with expeditiously, preferably within three months of receipt.

Issues considered

Whether a writ petition is maintainable against a private individual in a grievance concerning a co‑operative society
Whether the District Co‑operative Officer has jurisdiction to consider the petitioner’s representation

Subjects

writ jurisdiction
maintainability
co-operative societies
representation
private individual
public authority

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.3440 of 2026
                 ======================================================
                 Nagendra Sahni Son of Swarup Sahni, Resident of village Baluaha, P.O.
                 Jarang Deodhi, P.S.- Gaighat, District - Muzaffarpur.

                                                                       ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Principal Secretary, Department of Co-
                 operative, Government of Bihar, Patna.
           2.    The Principal Secretary, Department of Co-operative, Government of Bihar,
                 Patna.
           3.    The District Collector-cum- Magistrate, District- Muzaffarpur.
           4.    The District Co-operative Officer, District- Muzaffarpur.
           5.    The Block Co-operative Officer, District- Muzaffarpur.
           6.    The Bihar State Food and Civil Supplies Corporation, through its Managing
                 Director, Bihar, Patna.
           7.    Navdurge Agro Foods Pvt. Ltd., through its Proprietorship under Rahul
                 Kumar Sahi, male, son of Lalan Prasad Sahi, resident of village- Baigna,
                 P.O. Pindoli, P.S. - Aurai, District - Muzaffarpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Prasoon Kumar, Advocate
                                                 Ms. Ritambra Kumari, Advocate
                 For the State           :       Mr. Additional Advocate General (4)
                 For the BSFC/Res. no.6 :        Mr. Shailendra Kumar Singh, Advocate
                 For the Respondent no.7 :       Mr. Shashi Shekhar Sinha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   17-03-2026                    Heard learned counsel for the parties.

                                 2. By the instant application, the petitioner prays for a

                   direction      to    the   District   Co-operative     Officer,      District

                   Muzaffarpur to consider and act upon the representation filed by

                   the petitioner, copy of which has been brought on record as

                   Annexure P/3 to the writ application.

                                 3. It is submitted by learned counsel for the
            Patna High Court CWJC No.3440 of 2026(2) dt.17-03-2026
                                                        2/2




                      respondents that by his representation addressed to the District

                      Co-operative Officer, the petitioner is making a complaint

                      against respondent no.7 who happens to be a private individual

                      and against whom a writ would not be maintainable.

                                  4. Having heard learned counsel for the parties, the

                      instant writ application is disposed of with liberty to the

                      petitioner to file a fresh representation before the District Co-

                      operative Officer, District Muzaffarpur/ Registrar, Co-operative

                      Societies, Muzaffarpur within a period of four weeks.

                                  5. In case such a representation is filed, the same shall

                      be considered and disposed of expeditiously and shall be

                      communicated to the petitioner at the earliest preferably within

                      a period of three months from the date of receipt of the same.

                                  6. The application stands disposed of.



                                                 (Partha Sarthy, J)
Saurabh/-

U

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