IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11983 of 2008 RAHUL KUMAR, son of Bhola Sahni, resident of village Sukhlayiya, P.S.Darpa, Dist. East Champaran, Motihari--------petitioner Versus 1.THE STATE OF BIHAR through Principal Secretary, Department of Co-operative, Govt. of Bihar,Patna 2.The Bihar Co-operative Tribunal, BISCOMAUN Patna through its Secretary 3.Sri K.K.Mahto, son of not known to the petitioner, presently posted as Chairman Co-operative Tribunal 4.District Co-operative Officer,Motihari 5.Umesh Mukhiya, so called Chief Executive Chhauradano Prakhand Matsyajivi Swablambi Sahkari Samiti Ltd. Motihari 6.Bhagwan Sahni, son of Kheman Sahni,Chairman Adapur Prakhand Adarsh Matsyajivi Swablambi Sahkari Samiti Ltd., resident of village Sukhlahiya, P.S. Darpa, Dist. East Champaran,Motihari--------------respondents ----------- For the petitioner :M/S K.N.Choubey,Sr.Adv. Chakrapani For the Private respondent:Mr.B.N.Mishra ---- 3. 2.3.2009 In the supplementary affidavit filed on behalf of the petitioner, who is respondent no.2 before the Tribunal, a plea has been raised that the relief sought for before the Tribunal is mainly to challenge letter no. 370 dated 1.10.2007 issued by the District Co- operative Officer which is not under the ambit of any dispute as referred to under Section 40 of the Self-Supporting Co-operative Societies Act and, thus, the Tribunal does not have jurisdiction to entertain the Dispute Case No. 2 03/08 in view of the relief sought for in the said case. From the impugned order it does not appear that any such issue has been raised before the Tribunal as to its inherent lack of jurisdiction to proceed in the matter. Learned counsel for the petitioner, in the circumstances, seeks permission to withdraw the writ application with a liberty to challenge the jurisdiction of the Tribunal to entertain a dispute of the present nature under Section 40 of the Act. The writ application is, accordingly, dismissed as withdrawn with the aforesaid liberty. In case such an application is filed before the Tribunal, it shall decide the said matter before deciding any other issue within a period of two months from the date of filing of such application. (Ramesh Kumar Datta,J.) spal/