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Patna High Court

Mithlesh Ray,versusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the writ application is dismissed and the petitioner must file a fresh representation, after which the officer shall consider it expeditiously.

Summary

Mithlesh Ray filed a writ application seeking a direction to the District Co‑operative Officer, Muzaffarpur, to act upon a representation he had previously submitted. The petitioner alleged that the officer had not considered his representation concerning cooperative society matters. The Court examined whether it could compel the officer to act and whether the petitioner needed to file a fresh representation. It held that the appropriate remedy was to require the petitioner to file a new representation before the officer. The Court directed the petitioner to file the fresh representation within three weeks and, if filed, the officer must dispose of it within two months. Consequently, the writ application was disposed of without any further order against the respondents.

Issues considered

  • Whether the High Court can direct the District Co‑operative Officer to act on the petitioner's representation.
  • Whether the petitioner must file a fresh representation before the officer for the matter to be considered.

Subjects

  • writ jurisdiction
  • co‑operative societies
  • representation
  • administrative direction
  • high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.3471 of 2026
                 ======================================================
                 Mithlesh Ray, Son of Yugeshwar Ray, Resident of village- Kumharaul, P.O.-
                 Muni Bengri, 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 seeks a

                   direction      to    the   District   Co-operative     Officer,      District

                   Muzaffarpur to 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. Having heard learned counsel for the parties and
            Patna High Court CWJC No.3471 of 2026(2) dt.17-03-2026
                                                        2/2




                      taking into consideration the facts and circumstances of the

                      case, the instant writ application is disposed of with a direction

                      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 three weeks.

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

                      be considered and disposed of expeditiously preferably within a

                      period of two months from the date of receipt/production of a

                      copy of this order.

                                  5. The writ application stands disposed of.



                                                 (Partha Sarthy, J)
Saurabh/-

U


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