IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13190 of 2007 PATLIPUTRA CENTRAL CO-OPT.BANK Versus THE STATE OF BIHAR & ORS For the Petitioner : Shri Jogendra Mishra, Advocate For the Respondent No.3 : Shri Basant Chaudhary, Sr. Advocate Shri Kalyan Shankar, Advocate Shri Manoj Kumar, Advocate. For the State : Sanjay Prasad (J.C. to G.P. 3) ----------- 4 24.06.2008 Heard learned counsel for the parties. The impugned order dated 17.09.2007 contained in Annexure – 5 is the subject matter of challenge. In the present writ application by virtue of this order, the Registrar, Cooperative Societies, Government of Bihar, has annulled various resolutions which was passed amending certain bylaws, while exercising power as such given to the Managing Committee of the Bank. Many submission has been made on behalf of the petitioners by learned counsel appearing on their behalf, but, his primary contention which goes to the root of the matter is that the Registrar, Cooperative Societies, Government of Bihar, while exercising power under bylaw 48 has violated the same, in as much that no notice or right of hearing was extended to them before the said order came to be passed. The right of hearing is not only inherent in any order which has civil implications but if the bylaws specially provide for the same then in the opinion of this Court it has to be followed. There is no scope for the Registrar from shirking this part of the responsibility. The court can go to the - 2 - extent of recording that even though bylaw 48 would not have been in existence, the Registrar would still have to issue notice to the parties concerned before taking any decision in this regard. While ignoring other submissions which have been made and are not necessary for adjudication in the matter at this stage as it can have reflections on the merit or otherwise, this court quashes Annexure – 5 with a direction upon the Registrar, Cooperative Societies, Government of Bihar that he shall issue notice to the petitioners giving them liberty of hearing and thereafter pass an appropriate order in his wisdom. Let the exercise in this regard be done within a period of 8 weeks from today. The writ application stands allowed with the above direction. Rajeev/ (Ajay Kumar Tripathi, J.)