Patna High Court
Mritunjay KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- GIRIJISH KUMAR
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
- Bihar Cooperative Society Act, 1935 — s. 41(2), 48
- Bihar Right to Public Grievance Redressal Act, 2015
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
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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
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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
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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
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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
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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
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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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