IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.91 of 2010 SRI KRISHNA KUMAR SHRIVASTVA, Versus THE STATE OF BIHAR & ORS ----------- 02. 19.01.2010 The writ petitioners are owners/residents of various residential plots in the Patliputra Co-operative House Construction Society at Patna. The society as per the lay out plan has substantial vacant land in the Cooperative which is marked as Park for the residents. It is a residential society. Petitioners’ grievance is that contrary to the bye- laws the management of the cooperative have permitted the park to which every member is entitled to utilize to be leased out for commercial purpose to non-members. This is impermissible and it hinders and changes the residential user of the co-operative properties. They had protested but the management did not take appropriate steps as such they have filed a dispute case being Dispute Case No. 223 of 2009 under Section 48 of the Bihar Co-operative Societies Act which is now pending before the District Co-operative Officer, Patna as transferred to him by the Registrar, Co- operative Society, Patna, Bihar. The grievance of the petitioner is that the peace and harmony of the co-operative is being destroyed every day but no orders are being passed by the District Co- operative Officer and the unauthorized users are taking 2 gathering day to day. It is under those circumstances, petitioners have come this Court. In my view, as petitioners have already field a dispute case in terms of Section 48 of the Act, the District Co-operative Officer is competent to pass appropriate orders in the matter including the necessary interim orders in this regards. The District Co-operative Officer, Patna would notice the urgency in the matter and take appropriate steps at the earliest in accordance with law. It should not appear as if by not passing appropriate orders immediately he would be permitting such activity if not otherwise permitted to continue for full term. I, therefore, direct the petitioners to immediately move the District Co-operative Officer, Patna who would take needful steps in the matter in accordance with law at the earliest keeping in view the observation as made above. With these observations the writ application is disposed of. Shageer (Navaniti Prasad Singh, J)