IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18534 of 2009 1. ANIL KUMAR S/O SRI BASANTI PRASAD R/O LAXMI ROAD, WARD NO.6, NAGAR PANCHAYAT, PAKRIDAYAL, P.O. & P.S.- PAKRIDAYAL, DISTT.- EAST CHAMPARAN Versus 1. THE STATE OF BIHAR THROUGH SPECIAL SECRETARY URBAN DEVELOPMENT DEPARTMENT, NEW SECRETARIAT, PATNA 2. THE DISTRICT MAGISTRATE EAST CHAMPARAN ----------- 3 12/01/2010 Heard Mr. Naresh Kumar Malhotra, learned counsel for the petitioner and Mr. P. K. Verma, learned counsel for the State. The singular question that has arisen in this public interest litigation is that whether in a Nagar Panchayat there cannot be existence of a primary agriculture credit co-operative society. On a query being made whether any statutory prohibition is there in any of the enactments, learned counsel for the parties fairly stated that there is no prohibition. What is contended by Mr. Malhotra is that once it has been declared as Nagar Panchayat, there is no necessity to have a primary agriculture credit cooperative society. In our considered opinion when a society has been created keeping in accord with the essence of co-operative movement it cannot be - 2 - thwarted taking recourse to public interest which is really not a public interest. Resultantly, the writ petition which has been styled as public interest litigation being, sans merit, stands dismissed without any order as to costs. AMIN (Dipak Misra, CJ.) (Shiva Kirti Singh, J)