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Patna High Court

Suryamani DeviversusThe State of Bihar through the Registrar, Co. Operative Society

Decided
Disposal
WITHDRAWN

Holding

The court permitted the withdrawal of the application while granting the petitioners liberty to challenge the earlier order.

Summary

The petitioners – Suryamani Devi, Parameshwar Soren and Chamru Khaira – filed a writ petition against the State of Bihar and several officials concerning the Co‑operative Society. The Writ Court had earlier directed the parties to comply with a detailed order dated 01‑09‑2025 (Memo No. 1541). Both sides jointly submitted that the order had been complied with and that a further detailed order had been passed on that date. The petitioners then sought permission to withdraw their current application while preserving the right to challenge the 01‑09‑2025 order. Justice Alok Kumar Sinha allowed the withdrawal, granting the petitioners liberty to contest the earlier order in a separate proceeding.

Issues considered

  • Whether the petitioners may withdraw the present application without prejudice to their right to challenge the order dated 01‑09‑2025 (Memo No. 1541)

Subjects

  • procedural law
  • withdrawal of application
  • writ jurisdiction
  • liberty to challenge
  • co‑operative society

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.3602 of 2025
                                                       In
                                 Civil Writ Jurisdiction Case No.9634 of 2025
                 ======================================================
           1.     Suryamani Devi w/o Gurudeo Murmur, Resident of Madhyagiri, P.O-Bhitia,
                  P.S- Belhar, District- Banka.
           2.    Parameshwar Soren, S/O Budhan Soren, Resident of Tengpanja, P.S
                 -Fullidumar, District- Banka.
           3.    Chamru khaira, S/O kadru khaira, Resident of village- Kumartand, P.S-
                 Fullidumar, District- Banka.

                                                                             ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Registrar, Co. Operative Society Bihar Patna.
           2.    Mr. Rajnish Kumar Singh, The Registrar, Co-operative Society, Bihar, Patna.
           3.    Mr. Navdeep Shukla, The District Magistrate, Banka.
           4.    Mr. Prabhakar Kumar, The Joint Registrar, co-operative society, Bhagalpur.
           5.    Mr. Manoj Kumar, The District Fishery officer-cum-Chief Executive
                 Officer, Banka.
           6.    Arvind Kumar Mandal, S/O Late Rasikal Mandal, President, Mantri and
                 President of Prakhand Matasyajivi Sahyog Samiti, Fullidumar, resident of
                 Khajana,P.O- Dhankudia, Police Station- Belhar, District- Banka.
           7.    Parmanand Mandal, S/O Makhan Mandal, President, Mantri and President
                 of Prakhand Matasyajivi Sahyog Samiti, Fullidumar, resident of
                 Khajana,P.O- Dhankudia, Police Station- Belhar, District- Banka.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Rajib Ranjan Jha
                 For the Opposite Party/s :    Mr. Samarjeet Singh, AC to SC 21
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

3   13-02-2026                    Heard learned counsel for the petitioners and learned

                   counsel for the respondent-State.

                                2. Both the parties jointly submit that in compliance

                   of the order passed by the Writ Court, a detailed order has

                   already been passed on 01.09.2025, which has been brought on
          Patna High Court MJC No.3602 of 2025(3) dt.13-02-2026
                                                      2/2




                    record by way of Annexure-R5/A.

                                 3. In such view of the matter, learned counsel for the

                    petitioners submits that he may be permitted to withdraw this

                    application with liberty to challenge the order contained in

                    Memo No. 1541 dated 01.09.2025.

                                 4. As prayed for, this application is permitted to be

                    withdrawn with liberty to the petitioners to challenge the order

                    contained in Memo No. 1541 dated 01.09.2025.



                                             (Alok Kumar Sinha, J)
kiran/-

U


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