Patna High Court
Sudhir Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- PARTHA SARTHY
Holding
The writ petition is disposed of as withdrawn, allowing the petitioner to seek relief before the Joint Registrar.
Summary
Sudhir Kumar Yadav filed a writ petition under the High Court's writ jurisdiction seeking a mandamus directing the respondent authorities to consider his reply in Award case no. 293/2025, to implead a necessary party (respondent no.9), to stay further proceedings, and to restrain any coercive action against him. After hearing, the petitioner requested permission to withdraw the writ application and pursue his remedy before the Joint Registrar, Cooperative Society, Tirhut Division, where the award case is pending. The Court considered the petitioner's request to withdraw and found no impediment to allowing the withdrawal. Consequently, the Court disposed of the writ application as withdrawn, granting the petitioner liberty to seek relief in the appropriate forum. No substantive merits of the original relief sought were adjudicated.
Issues considered
- Whether the High Court can entertain a writ petition seeking mandamus to direct consideration of a reply and impleadment of a party in an award case under cooperative society law.
- Whether the petitioner may be permitted to withdraw the writ petition and pursue the remedy before the Joint Registrar.
Subjects
- writ jurisdiction
- mandamus
- cooperative societies
- withdrawal of petition
- stay of proceedings
- impleadment
- civil writ
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4311 of 2026
======================================================
Sudhir Kumar Yadav Son of Prem Yadav, resident of village Palya
Phulwariya, Police Station Ramnagar, District West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through District Magistrate, West Champaran.
2. The District Cooperative Officer, Bettiah, West Champaran.
3. The District Cooperative Officer, Bettiah, West Champaran.
4. The Block Cooperative Extension Officer, Ramnagar, West Champaran.
5. The Registrar, Cooperative Society, Bihar, Patna.
6. The Joint Registrar, Cooperative Society, Tirhut Division, Muzaffarpur.
7. The National Central Cooperative Bank Limited, Bettiah through its
Managing Director.
8. The Branch Manager, National Central Cooperative Bank Limited,
Ramnagar Branch, Bettiah.
9. Sanjay Kumar Yadav, Son of Nagendra Yadav, Resident of Village Palya
Phulwariya, Police Station Ramnagar, District West Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate
Mr. Praveen Ranjan, Advocate
For the State : Mr. Sarvesh Kr. Singh, AAG-13
For the Respondents : Mr. Shashi Shekhar Sinha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 02-04-2026 Heard learned counsel for the parties.
2. The petitioner has filed the instant application for
the following relief (s) :-
“1. That the petitioner is invoking the
writ jurisdiction of this Hon'ble Court for issuance
of appropriate writ/writs in the nature of
mandamus seeking direction to respondent
authorities to consider the reply filed by the
petitioner in Award case no. 293/2025 and on such
Patna High Court CWJC No.4311 of 2026(2) dt.02-04-2026
2/2
due consideration, to implead respondent no.9 as
party respondent in the proceeding as he is
necessary party for proper adjudication of the
proceeding and till such impleadment, further
proceeding of Award case no. 293/2025 be stayed
in the interest of justice. The petitioner further
prays for restraining the respondent authorities
from taking any coercive action against the
petitioner during the pendency of present writ
petition and for any other order/orders or
relief/reliefs which the petitioner may found to be
entitled in the facts and circumstances of the
case.”
3. After some argument, learned counsel for the
petitioner seeks permission to withdraw this application to
pursue his remedy before the Joint Registrar, Cooperative
Society, Tirhut Division, Muzaffarpur wherein Award Case
no.293 of 2025 is pending.
4. The writ application stands disposed of as
withdrawn with the aforesaid liberty.
(Partha Sarthy, J)
Shiv/-
U
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