Patna High Court
Kanchan DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
Holding
The Court disposed of the writ petition, directing the petitioner to file a fresh representation before the District Magistrate, who must decide it within six weeks and pay any admitted amount within two months.
Summary
The petitioner, Kanchan Devi, deposited Rs.8,45,576 in account no.6849 of Sri Kishun PACS Co-operative Bank, Lakhisarai, but only Rs.2,00,000 was returned. She filed a representation before the District Magistrate on 25‑08‑2023 seeking the balance, and after receiving no response, filed a writ petition for payment of the remaining amount, an inquiry into misappropriation, and timely disposal of her representation. The High Court examined whether it could directly compel the bank to pay and whether the writ was maintainable. It held that the appropriate remedy is for the petitioner to file a fresh representation before the District Magistrate within four weeks. The Court directed the Magistrate to decide the representation within six weeks and to pay any admitted amount within two months, and to issue a reasoned order if the representation is rejected. Consequently, the writ application was disposed of.
Issues considered
- Whether the High Court can directly direct the cooperative bank to pay the balance amount claimed by the petitioner.
- Whether the writ petition is maintainable for directing the District Magistrate to dispose of the petitioner’s representation within a fixed time.
Subjects
- Co-operative bank
- misappropriation of funds
- civil writ jurisdiction
- PACS
- district magistrate
- payment of money
- representation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4533 of 2026
======================================================
Kanchan Devi Wife of Shashi Bhushan Mandal, Resident of Village-
Madhopur, P.O. and P.S.-Kajra, District-Lakhisarai.
... ... Petitioner/s
Versus
1. The State of Bihar through The Principal Secretary, Co-operative
Department, Vikash Bhawan, Bailey Road, Patna.
2. The District Magistrate, Lakhisarai, District-Lakhisarai.
3. The District Co-operative Officer, Lakhisarai.
4. The Chairman, Sri Kisun PACS Co-operative Bank, Vasudevpur, Kajra,
Distt-Lakhisarai.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhramveer, Advocate
Ms. Puja Kumari, Advocate
For the State : Mr. Anant Pd. Singh, SC-15
Mrs. Deepika Sharma, AC to SC-15
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 02-04-2026 Heard learned counsel for the petitioner and learned
counsel for the State of Bihar.
2. The petitioner has filed the instant application for
the following relief (s) :-
“1. (I) To Direct the Respondents to ensure
payment of Rs. 8,45,576/- lying in account no.
6849 of the petitioner in Sri Kishun PACS Co-
operative Bank, Vasudevpur, Kajra, Distt-
Lakhisarai.
(II) For further direction may be given to the
District Magistrate, Lakhisarai to consider and
dispose of representation dated 25.8.2023 within a
fix time framed.
(III) For forth direction may be given to the
Patna High Court CWJC No.4533 of 2026(2) dt.02-04-2026
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Respondents to conduct a enquiry and take legal
action against the persons responsible for
misappropriation of the petitioner's money.
(IV) Pass any other order or direction which this
Hon'ble court may deem fit and proper.”
3. Learned counsel for the petitioner submits that a
total amount of Rs.8,45,576/- was deposited by the petitioner in
account no.6849 maintained in Sri Krishna PACS Co-operative
Bank, Vasudevpur, Kajra in the District of Lakhisarai. Though
the respondents returned/paid the amount of Rs.2,00,000/- on
6.8.2024, inspite of several requests, the authorities of the PACS
are not returning the balance amount of Rs.6,45,576/-, which
lead to the petitioner filing a representation before the District
Magistrate, Lakhisarai on 25.8.2023.
4. Not having received the balance amount of Rs.
6,45,576/-, nor any response from the District Magistrate, has
lead the petitioner to file the instant writ application.
5. Having heard learned counsel for the parties and
having perused the contents of the petition, taking into
consideration the nature of reliefs prayed for, this writ
application is disposed of directing the petitioner to file a fresh
representation before the District Magistrate, Lakhisarai
(respondent no.2) within a period of four weeks for the reliefs
Patna High Court CWJC No.4533 of 2026(2) dt.02-04-2026
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prayed for herein enclosing with the same a copy of this order.
6. On the representation being filed, the District
Magistate, Lakhisarai shall decide the same in accordance with
law within a period of six weeks and pay the admitted amount
payable to the petitioner within a period of two months from the
date of disposal of the representation.
7. In case the representation of the petitioner does not
find favour with the District Magistrate, Lakhisarai (respondent
no.2), a reasoned order for the same shall be communicated to
the petitioner within the aforesaid period.
8. The writ application stands disposed of with the
above observations and directions.
(Partha Sarthy, J)
Shiv/-
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