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Patna High Court

Mritunjay KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Since the petitioner had not raised the jurisdictional objection before the second appellate authority and the matter remains pending there, the writ application cannot be entertained at this stage.

Summary

The petitioner, elected chairman of a primary agricultural credit society (PACS), obtained a cash‑credit loan and procured paddy for its members. A grievance filed by a local official led to a finding of irregularities and the suspension of the PACS managing committee under section 41(2) of the Bihar Cooperative Society Act, 1935. After the first appellate authority closed the matter, the second appellate authority, ignoring a report that the PACS had already been punished, directed a fresh enquiry into the PACS and the district magistrate issued a letter to that effect. The petitioner filed a writ seeking certiorari to quash the appeal, to stop the enquiry and to protect his position as chairman. The High Court held that the petitioner had not raised the jurisdictional objection before the second appellate authority and, because the matter was still pending there, the writ could not be entertained. No view was expressed on the merits and the petition was disposed with liberty to raise the jurisdictional issue before the appellate authority.

Issues considered

  • Whether the order dated 20.02.2026 directing an enquiry into the petitioner’s PACS is within the jurisdiction of the authority under the Bihar Right to Public Grievance Redressal Act, 2015 and the Bihar Cooperative Society Act, 1935.
  • Whether the petitioner may obtain a writ of certiorari to quash the appeal proceeding before the Principal Secretary.
  • Whether the petitioner is required to raise the jurisdictional objection before the second appellate authority before approaching the High Court.

Legislation cited

Subjects

  • jurisdiction
  • certiorari
  • cooperative society
  • public grievance redressal
  • appellate authority
  • administrative law
  • suspension
  • paddy procurement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.7625 of 2026
                 ======================================================
                 Mritunjay Kumar Son of Bhupal Prasad, R/o Village- Godhwa, Post- Pataura,
                 Police Station- Mufasil Motihari, District- East Champaran at Motihari.

                                                                             ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
           2.    The Principal Secretary, Department of Cooperative, Bihar, Patna.
           3.    The Registrar, Co-operative Societies, Bihar, Patna.
           4.    The District Magistrate, East Champaran at Motihari.
           5.    The District Co-operative Officer, East Champaran at Motihari.
           6.    The Assistant Registrar, Cooperative Societies at Motihari.
           7.    Raju Baitha, Son of Daroga Baitha, R/o Village- Basamanpur Agarwa, P.O-
                 Pataura, Block- Motihari, District- East Champaran at Motihari.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :      Mr. Sanjay Kumar, Advocate
                                         :      Mr. Pushkar Prashant, Advocate
                 For the Respondent/s    :      Mr. Government Pleader (07)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE GIRIJISH KUMAR
                                       ORAL ORDER

2   25-06-2026                     Heard learned counsel for the petitioner and learned

                   counsel for the respondents.

                                 2. With the consent of both the parties, this writ

                   application is being disposed of at this stage itself.

                                 3. In the present writ application the petitioner has

                   prayed for the grant of following reliefs:-

                                  “(I) For issuance of a writ in the nature of certiorari
                                  to quash the Appeal proceeding initiated on the basis
                                  of complaint no. 402110213052500775/2A filed by
                                  the respondent no. 7 pending before the Principal
                                  Secretary Department of Cooperative-Cum-Second
Patna High Court CWJC No.7625 of 2026(2) dt.25-06-2026
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                        Appellate Authority under Bihar Right to Public
                        Grievance Redressal Act, 2015.
                         (II) For issuance of a direction not to disturb the
                         functioning of the petitioner as chairman of the
                         PACS.
                        (III) To hold and declare the order dated 20.02.2026
                        contained in memo no. 20711-02766 passed in
                        Appeal proceeding pending before the Principal
                        Secretary-Cum-Second             Appellate   Authority   is
                        illegal, void and also in teeth of Article 20(2) of the
                        constitution of India and as such deserve to be
                        quashed.
                        (IV) To quash the letter no. 740 dated 09.03.2026
                         issued by the District Magistrate, Motihari in
                         compliance of the order dated 20.02.2026 by which
                         for the same cause of action another enquiry has
                         been started in the PACS of the petitioner.
                        (V) For issuance of such other order or direction for
                        which petitioner may be found legally entitled to in
                        the facts and circumstances hereinafter.”



                      4. Learned counsel for the petitioner submits that the

          petitioner is at present the Elected Chairman of Godwa

          Baswanpur Primary Agriculture Credit Society, (hereinafter

          referred to as “PACS”) on the basis of the decision of the

          managing committee a proposal was sent to the department of

          cooperative for providing cash credit loan so that the PACS may
Patna High Court CWJC No.7625 of 2026(2) dt.25-06-2026
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          start the business of paddy procurement for the session 2024-25

          for the benefit of members.

                      5. Accordingly the society of the petitioner was

          granted the benefit of cash credit loan and the managing

          committee started to purchase the paddy from its member for

          achieving the target fixed by the District Task force.

                      6. Learned counsel for the petitioner further states that

          during the course of implementation of the scheme of paddy

          procurement the respondent no. 7 who is elected Mukhiya of the

          Gram Panchayat and indulged in filing different complaint

          before different authority in the District of Motihari and in

          continuation thereof the respondent no. 7 made a complaint to

          the District Public Grievance Redressal forum bearing

          complaint no. 402110213052500775 dated 13.05.2025.

                      7. After examining the pros and cons of the matter

          District Public Grievance Redressal Officer found that the

          petitioner and manager of the PACS had committed irregularity

          in purchase of paddy, therefore, he recommended to take

          disciplinary/legal action against the petitioner and the matter

          was finally disposed of 28.08.2025.

                      8. On the basis of the order of District Public

          Grievance Redressal Officer, the District Cooperative Officer
Patna High Court CWJC No.7625 of 2026(2) dt.25-06-2026
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          started proceeding under section 41 (2) of the Bihar Cooperative

          Society Act, 1935 and suspended the managing committee of

          the PACS of the petitioner for one month and simultaneously

          one Girdhari Mohan Prasad was cooperative extension officer

          was appointed as administrator of the PACS at Memo no. 2998

          dated 06.10.2025.

                      9. Since the matter attained finality and the PACS of

          the petitioner was punished and the matter was closed by the

          District Public Grievance Redressal Officer but the respondent

          no. 7 feeling aggrieved and not satisfied with punishment passed

          under section 41 (2) of the Bihar cooperative society act, 1935.

          The respondent no. 7 being a litigant in nature filed an appeal

          before the first appellate authority. During the course of the

          proceeding the notices were issued and records were called for

          and the ld. Commissioner-Cum- First Appellate Court closed the

          matter on the ground that since the PACS of the petitioner had

          already been punished then for the same cause of action no

          further punishment can be imposed and accordingly the matter

          was closed by order dated 24.10.2025.

                      10. Counsel for the petitioner further submits that in

          the meanwhile the District Cooperative Officer on the basis of

          the request of the petitioner reinstate the managing committee of
Patna High Court CWJC No.7625 of 2026(2) dt.25-06-2026
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          the PACS. However, the District cooperative Officer had taken

          undertaking from the petitioner that in future they will not

          repeat such type of irregularity. On the basis thereof the DCO

          issued a letter to this effect as contain in memo no. 3497 dated

          27.11.2025 and the society became functional.

                      11. After disposal of the matter at the level of the First

          Appellate authority the respondent no. 7 again filed a second

          appeal against the order dated 24.10.2025 before the Second

          Appellate Authority-Cum-Principle Secretary Department of

          cooperative, and after that the proceeding has been initiated

          before the Second Appellate Authority and during the course of

          hearing of the second appeal the District Cooperative officer

          was directed to conduct an inquiry and to submit a report and in

          compliance of that the District Cooperative Officer issued a

          letter no. 235 dated 21.01.2026 to the Principal Secretary

          Department of Cooperative –Cum- Second Appellate Authority

          wherein he has categorically inform that the PACS of the

          petitioner had already been punished by way of suspending the

          managing committee.

                      12. It is relevant to mention in here that after

          submission of the district cooperative officer’s letter dated

          21.01.2026, the second appellate authority cum principal
Patna High Court CWJC No.7625 of 2026(2) dt.25-06-2026
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          secretary failed to consider the said report of the district

          cooperative officer and without discussing the same unilaterally

          issued an impugned direction to District Magistrate, Motihari

          and district cooperative officer to initiate enquiry randomly in

          100 pacs including the petitioner by his order dated 20.02.2026

          which is impugned in this case.

                      13. In compliance of the order dated 20.02.2026, the

          District magistrate, East Champaran at Motihari issued letter no

          740 dated 09.03.2026 to including District agriculture officer,

          circle officer, Motihari sadar and Assistant registrar, cooperative

          societies, Motihari Anchal, Motihari whereby a direction was

          issued to conduct an enquiry in the PACS of the petitioner for

          the session 2024-25 with regard to procurement scheme.

                      14. The complaint made in the present case which

          relates to the paddy procurement by Chairman, PACS , Godwa

          Baswanpur and if their arises any dispute related to the

          irregularities in the paddy procurement the appropriate

          forum/court to approach is the Registrars court dully established

          under section 48 of the Bihar cooperative Act, 1935 and the

          same cannot be adjudicated by an authority which do not have

          jurisdiction to adjudicate the case.

                      15. Learned Counsel appearing on behalf of the
         Patna High Court CWJC No.7625 of 2026(2) dt.25-06-2026
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                   petitioner states that the enquiry order passed by the authority is

                   beyond Jurisdiction. Ld. Counsel fairly submits that the

                   petitioner has not raised the jurisdictional issue before the

                   competent authority before approaching this Court by filing the

                   instant writ application, and the matter is still pending before the

                   second appellate authority.

                               16. Accordingly, in view of the discussions made

                   hereinabove, since the petitioner has not raised the jurisdictional

                   issue before the second appellate authority and the matter is still

                   pending before the second appellate authority therefore, this

                   court is not inclined to entertain this writ application at this

                   stage. However, liberty is granted to the petitioner to raise the

                   issue of jurisdiction before the second appellate authority, if so

                   advised.

                               17. This Court has not expressed any opinion on the

                   merit of the case.

                               18. With the aforesaid observation/direction and

                   liberty granted, this writ application is disposed of.




                                              (Girijish Kumar, J)
Amit/-

U


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