IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13212 of 2008 SRI BHAGWAN CHOUDHARY & ORS Versus THE STATE OF BIHAR & ORS ----------- For the Petitioners :Mr. Yogendra Mishra, Advocate For the State M/s Arvind Kumar, G.P.17 & Girish Chandra, JC to G.P.1 For Respondent no.6 :Mr. K.K. Sinha, Advocate 03/ 26.9.2008 Heard learned counsel for the petitioners, learned counsel for the State, G.P. 17 duly assisted by his Junior Counsel and the learned counsel for private Respondent no. 6. 2. Petitioners are the members of Fishermen Co-operative Society Ltd., Simri, Respondent no.6. They have been expelled from the membership of the said Society. Assailing their expulsion, they had filed Misc. Case No. 81 of 2008, which was admitted by the Registrar, Cooperative Societies, Bihar, Patna under order, bearing Memo No. 114/RL dated 7.7.2008, as contained in Annexure-6 to this writ application and thereafter Misc. case transferred to the court of District Cooperative Officer with interim order in favour of the petitioners. Cooperative Society, Respondent no.6 having learnt about the aforesaid order dated 7.7.2008, Annexure-6 sought review of the said order on the ground that before passing the interim order in Misc. Case No. 81 of 2008, the Co-operative Society, Respondent no.6 was not heard, the order should be reviewed and under order dated 20.8.2008, as contained in Annexure-7 to this writ application, without hearing the writ petitioners, order dated 7.7.2008, Annexure-6 was reviewed. - 2 - 3. It is submitted on behalf of the petitioners that before passing the order dated 20.8.2008, Annexure-7, Registrar, Cooperative Societies ought to have heard the petitioners and should not have passed the said order behind their back. 4. From the counter affidavit filed on behalf of the Cooperative Society, Respondent no.6, it does not appear that before passing the order dated 20.8.2008, Annexure-7 petitioners were heard. It is thus obvious that order dated 20.8.2008, Annexure-7 has been passed without hearing the petitioners and is violative of the principles of natural justice. 5. In the circumstances, not only order dated 20.8.2008, but also order dated 7.7.2008, as contained in Annexures-7 and 6 to this writ application are quashed and the matter is remitted back to the Registrar, Cooperative Societies, Bihar, Patna, Respondent no.2 with direction to him to hear the Misc. Case No. 81 of 2008 himself on a suitable date to be communicated to the petitioners on their appearance before the Registrar, Cooperative Societies, Bihar on 29.9.2008. 6. Until the learned Registrar, Cooperative Societies, Bihar, Respondent no.2 considers the Misc. Case No. 81 of 2008 in compliance of this order, petitioners and the Cooperative Society, Respondent no.6, both are restrained from fishing in the pond in question. The Registrar is called upon to consider the case of the parties at the earliest and dispose of the same within two weeks from the date of their appearance. - 3 - 7. Petitioners and private Respondent no.6 should deposit the cost of transmission of this order to the learned Registrar, Cooperative Societies, Bihar, Patna , Respondent no.2 through fax today itself and this order should also be transmitted to the learned Registrar through fax today itself. Arjun/ (V.N. Sinha, J.)