IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.572 of 2001 RISHIKESH KASHYAP & ANR Versus THE STATE OF BIHAR & ORS ----------- 6. 20.1.2009 Heard Mr. Pashupati Prasad Sinha, learned counsel for the petitioners and Mr. Basant Kumar Choudhary, learned counsel for the contesting respondent no.5. The impugned appellate order dated 23.12.2000 against the order passed by the District Co-operative Officer as with regard to change/ decrease in the area of operation of the petitioner Co-operative society has been assailed on the ground of its being wholly without jurisdiction, inasmuch as the appeal, which was filed by respondent no.5, invoking either the provisions of section 48 of the Bihar and Orissa Co-operative Societies Act and/or section 52 of the Bihar Self Supporting Co-operative Societies Act, 1996 do not envisage of an appeal to set aside an order passed under the Bihar Self Supporting Co-operative Societies Act. Mr. Choudhary fairly concedes this position in law that the remedy against an order passed in terms of Bihar Self Supporting Co-operative Societies Act will 2 lie only before the Co-operative Tribunal in terms of section 40 of the aforesaid Act. That being so, this Court must hold that the impugned order passed by the Addl. Registrar, Co-operative Society, is bad and without jurisdiction and accordingly, the same is quashed. It, however, transpires that respondent no.5 had moved a wrong forum but his grievance still survives, inasmuch as the order dated 22.11.1999 passed by the District Co-operative Officer in favour of the writ petitioner society seeks to take away certain benefit of settlement of Jalkar which was available to him as on 31.3.1998 and was sought to be protected by the order dated 7.9.1999 in C.W.J.C.No. 6999/99. In that view of the matter, this Court would give liberty to respondent no.5 to file an appeal and/or application before the Tribunal within a period of one month from today and in the event such an application is filed the Tribunal keeping in view that the writ application had remained pending before this Court for almost eight years will condone the delay, if any, and 3 Surendra/ hear the matter on merits. In view of the fact that the order dated 22.11.1999 has a wide ramification on the issue of settlement of Jalkar in terms of recent Government decision giving preference to the Block Level Co-operative society, this Court would direct the Tribunal to dispose of the application filed by respondent no.5 within a period of three months from the date of filing of the application by respondent no.5. Such decision in any event must be taken on or before 31st of May, 2009 so that the settlement for the next year when it is likely to commence from 1st of July, 2009, there is clarity as with regard to entitlement of settlement. Pending final disposal of such an appeal/application by the Tribunal, the status quo as existing today shall be maintained. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.)