IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10306 of 2008 SUBANSH SAHANI, son of Late Ram Sharan Sahani, resident of village-Bhorha,Jaguar ,P.S.Katara,District-Muzaffarpur ……………Petitioner. Versus 1. THE STATE OF BIHAR through Principal Secretary , Department of Co-operative, Govt. of Bihar, Patna. 2. The Hon’ble Minister, Department of Co-operative, Govt. of Bihar, Patna. 3. The Registrar, Co-operative Societies, Govt. of Bihar, Patna. 4. The Joint Registrar, Co-operative Societies, Tirbut Division, Muzaffarpur. 5. The District Co-operative Officer, Muzaffarpur. 6. The Assistant Registrar, Co-operative Societies, Muzaffarpur. 7. The District Fisheries Officer-cum-chief Executive Officer, Muzaffarpur 8. Chandeshwar Sahani, son of Late Nirsu Sahani, resident of village- Bathwara, P.O. Utrauli, Via-Katara, P..S. Katara, Distt. Muzaffarpur ……………. …… Respondents. ----------- 2. 30.04.2009 Heard learned counsel for the petitioner and the counsel appearing for state. This application was filed by the petitioner for quashing the order dated 18.3.2008 contained in Memo No. 28/M.C dated 19.3.2008 whereby the Hon’ble Minister, Department of Co –operative, Govt. of Bihar, Patna had entertained and admitted an appeal preferred by respondent No. 8 against the order passed u/S 48 of the Bihar , Co- operative Societies Act, 1935. The impugned order was challenged by the petitioner on the ground that the appeal preferred before the Hon’ble Minister against the order passed by Joint Registrar, Co-operative Societies adjudicating the dispute u/S 48 of the 2 Act is not maintainable as the Minister could not entertain an appeal only against the order preferred u/S 41 of the Act. It seems that during pendency of this application, the Hon’ble Minister was appraised with the legal provision and by order dated 19.12.2008, he has recalled the order dated 18.3.2008 whereby the appeal was admitted and stay was granted in favour of the respondents. Counsel for the petitioner submits that on account of the development which has taken place during pendency of this application, now the writ petition has become infructuous and he may be permitted to withdraw this application. Prayed is allowed. This writ petition is dismissed as withdrawn. AKV/ ( Mridula Mishra, J )