IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.809 of 2009 1. M/S MITHAPUR TEL VIKRETA RIKSHAW CHALAK SAHKARI SAMITY LTD. AT VIDYAPURI/YOGIPUR, KANKARBAGH, WARD NO.18 PATNA-20 THROUGH ITS SECRETARY. 2. Sri Umesh Sahni, S/o Sri Ramadhar Sahni, R/o Rajendra Nagar, Raod No.1 near Pani Tanki, Patna-16, Secretary, M/S Mithapur Tel Vikreta Rikshaw Chalak Sahkari Samiti Ltd. Versus 1. THE STATE OF BIHAR the Principal Secretary, Cooperative Department, Government of Bihar having office at Vikash Bhawan, P.S. Sachivalaya, Distt-Patna. 2. Ram Sakal Sahni S/o Dharmadeo Sahni, Member of Mithapur Tel Vikreta Rikshaw Chalak Cooperative Society Ltd. R/o Vidyapuri/Yogipur, Kankarbagh, P.S. Patrakarnagar, Distt- Patna. 3. The Registrar, Cooperative Department, Bihar, having office at Vikash Bhawan, P.S- Sachivalaya, Distt-Patna. 4. The Deputy Registrar, Cooperative Department, having office at Patna Division, Patna, P.S. Gandhi Maidan, Distt-Patna. 5. The Assistant Registrar, Cooperative Department having office at Lodhipur, Patna Circle, Patna. P.S-Lodhipur, Distt- Patna…………Respondents/Respondents ----------- 3. 10-Jul-09 Heard learned counsel for the appellants and learned counsel for the State of Bihar. On behalf of appellants the office note and the defect have been contested. It has been submitted that order under appeal adversely affects the appellants but they were not made parties in the writ proceedings. In view of such submission the defect regarding maintainability of the appeal at the instance of the appellant is ignored. No notice need be 2 issued upon the private respondent no.2 in view of the nature of order we propose to pass. This appeal is disposed of with a liberty to the appellant that if they are adversely affected by the order under appeal they may challenge that order through a fresh writ petition on the ground that they were not heard before the order was passed or they may prefer a review of the said order on the ground that they were necessary parties and were not heard. perwez (Shiva Kirti Singh, ACJ.) (Anjana Prakash,J.)