IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5865 of 2010 1. MANIHARI BLOCK BOAT TRAFFIC CO-OPERATIVE SOCIETY LTD. DILLARPUR THROUGH ITS (1) CHAIRMAN- DEO NARAYAN SINGH, S/O LATE MITHAN SINGH AND (2) SECRETARY ARUN KUMAR SINGH, S/O LATE LAKARI SINGH R/O VILL.- DILARPUR AND P.S.- MANIHARI AND DISTT.- KATIHAR, AS WELL AS BONAFIDE SHARE HOLDERS MEMBERS OF SAID SOCIETY AND ALSO INDIA CITIZEN Versus 1. THE STATE OF BIHAR THROUGH ITS COLLECTOR KATIHAR, DISTT.- KATIHAR 2. THE DIVISIONAL COMMISSIONER PURNEA DIVISION, PURNEA 3. THE DISTRICT MAGISTRATE CUM COLLECTOR KATIHAR, DISTT.- KATIHAR 4. THE ADDITIONAL COLLECTOR (REVENUE), KATIHAR 5. THE ANCHAL ADHIKARI, MANIHARI, DISTT.- KATIHAR 6. THE BLOCK DEVELOPMENT OFFICER, MANIHARI, DISTT.- KATIHAR 7. THE REGISTRAR CO-OPERATIVE SOCIETIES, BIHAR, PATNA 8. THE JOINT REGISTRAR CO-OPERATIVE SOCIETIES, PURNEA DIVISION, PURNEA 9. THE DISTRICT CO-OPERATIVE OFFICER KATIHAR, DISTT.- KATIHAR 10. THE ASSISTANT REGISTRAR CO-OPERATIVE SOCIETIES, KATIHAR ANCHAL, KATIHAR 11. SHRI RIYAJUL HAQUE BLOCK EXTENTION SUPER VICE CUM SPECIAL OFFICER 12. SHRI KOSHAL KISHOR SINGH BLOCK EXTENSION OFFICER, KARKA CUM SPECIAL OFFICER 13. SHRI JAI NARAYAN MANDAL, BLOCK EXTENSION OFFICER CUM ADMINISTRATIVE AT PRESENT BLOCK CO-OPERATIVE OFFICER, BASOPATI BLOCK, P.S.- BASOPATI, DISTT.- DARBHANGA 14. SHRI BISHWANATH SINGH S/O LATE KESHO SINGH DALNAYAK AT AND P.O.- MANIHARI, DISTT.- KATIHAR 15. Shri Maheshanand Jha S/o Late Bateshwar Jha, Resident of Officer Colony, Sahibganj, District Sahibganj, State Jharkhand, and lessee of Manihari Sahibganj, lunch and L.C.T. Ferry Ghat. 02/ 08.04.2010 Heard M/s Deo Narayan Singh and Arun Kumar Singh, who are the Chairman and the Secretary of the petitioner Boat Traffic Co- operative Society Ltd., counsel for the State and counsel for the private Respondent no.14, Sri Bishwanath Singh, the Group Leader of the Society through whom the Administrator functioned during the - 2 - year 2008-09 and 2009-10 when the Society was under supersession. 2. Petitioner- Society is aggrieved by the contents of notice, bearing letter No. 320 dated 20.3.2010, Aannexure-3 series whereunder the Society has been called upon to take the settlement of the ghat in question for the year 2010-11 after depositing the cost of stamp duty/ registration fee for the year 2008-09 and 2009-10 as also by furnishing its acceptance for grant of settlement together with necessary recommendation of the Co-operative Department for grant of settlement. 3. It is submitted by the petitioners that the direction contained in the notice to deposit the stamp duty/ registration fee for the year 2008-09 and 2009-10 is wholly misconceived as during the aforesaid two years, the Society was under the charge of the Administrator who functioned through private Respondent no.14 as Group Leader and petitioner could not be saddled with the liability to deposit the stamp duty and the registration fee for those two years, which should be realized from the Administrator and the Group Leader through whom he functioned and for their failure to deposit the stamp duty/ fee, the Society cannot be deprived of the settlement after the period of supersession is over. 4. I see substance in the submission raised by the petitioners, accordingly, direct that petitioners be granted settlement of the ghat in question provided the consent is submitted by them in terms of Clause (2) of the notice dated 20.3.2010 and recommendation for such settlement is obtained from the Co-operative Department. - 3 - 5. It appears, pursuant to the request of the petitioner- Society for grant of recommendation, the District Co-operative Officer, Katihar under notice dated 19.2.2010 has called upon the petitioner Society to produce the relevant papers, which should be made available to the District Co-operative Officer at the earliest so as to enable the District Co-operative Officer, Katihar to examine the same and make necessary recommendation for settlement of the Jalkar in question in favour of petitioner- Society in the light of notice dated 20.3.2010, Annexure-3 series. 6. The writ application is, accordingly, disposed of. Arjun/ (V.N. Sinha, J.)