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Patna High Court

Sudhir Kumar YadavversusThe State of Bihar

Decided
Disposal
WITHDRAWN

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The writ petition is disposed of as withdrawn, allowing the petitioner to seek relief before the Joint Registrar.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 Consequently, the Court disposed of the writ application as withdrawn, granting the petitioner liberty to seek relief in the appropriate forum.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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