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Patna High Court

Kanchan DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                                     3/3




                   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/-

U


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