IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4331 of 2009 1. Deo Narayan Singh, son of Late Mithan Singh, Chairman of Manihari Block Boat Traffic Co-operative Society Ltd., Dilarpur 2. Arun Kumar Singh, son of Late Lakari Singh, Secretary of Manihari Block Boat Traffic Co-operative Society Ltd., Dilarpur Both Residents of village and P.O. Dilarpur, P.S. Manihari, Distt.- Katihar ……….. Petitioners Versus 1. The State of Bihar through the Hon’ble Minister Co-operation, Bihar, Patna 2. The Registrar Co-operative Societies, Bihar, Patna 3. Mahesh Pd. Joint Registrar, Co-operative Societies, Purnia Division, Purnia 4. The District Co-operative Officer, Katihar 5. The Assistant Registrar Co-operative Societies, Katihar Anchal Katihar 6. Riyajul Haque, Special Officer, Manihari Block Boat Traffic Co- operative Society Ltd. Dilarpur-cum-operative Extension Officer, Pranpur, Distt. Katihar 7. Kaushal Kishore Singh, Special Officer, Manihari Block Boat Traffic Co-operative Society Ltd. Dilarpur-cum-Co-operative Extension Officer, Korha, Distt. Katihar 8. Jay Narayan Mandal, Administrator, Manihari Block Boat Traffic Co-operative Society Ltd., Dilarpur-cum- Co-operative Extension Officer, Manihari, Distt.- Katihar …………… Respondents. ----------- For the petitioner: Mrs. Mahasweeta Chatterjee, Advocate with Mr. Vibhuti Ranjan Sonvadra For the State: M/S Ram Chandra Prasad Bharti, SC 14 & Ajoy Kumar, JC to SC 14. -------------- 3. 13.04.2009 The petitioners seek quashing of the order dated 9.9.2008 (Annexure-7) passed by Respondent No.3, Joint Registrar, Co-operative Societies, Purnea Division, Purnea by which the Managing Committee of the Manihari Block Boat Traffic Co- operative Society Limited has been superseded. It is stated by learned counsel for the petitioners that earlier by order dated 11.3.2008 passed by the Respondent No.3, the Managing Committee of the said Society was suspended. Against the same on a wrong advice the petitioners filed an appeal before the - 2 - Registrar, Co-operative Societies which was dismissed as not maintainable by order dated 5.12.2008. Thereafter the petitioners learnt about the impugned order dated 9.9.2008 by which the Managing Committee was also superseded since the said order was never communicated to them. Immediately, thereafter the petitioners filed an appeal before the Minister, Co-operative Department who is the statutory appellate authority being appeal No. 1/2009 but the same has remained pending and no order has been passed in the matter. Learned counsel for the petitioners apprehends that without taking any action on the statutory appeal, the authorities would take steps for appointing an ad hoc Managing Committee or for election although the impugned order dated 9.9.2008 is per se illegal and contrary to the statutory provisions. In view of the fact that specific periods for the operation of the order of suspension and supersession have been provided in the Act, it is expected that if any appeal is filed before the statutory authority then the same shall be disposed of as early as possible and should not be allowed to remain pending indefinitely as the same renders nugatory the statutory provision of appeal. In the above circumstances, the writ application is disposed of with a direction to the Minister, Co-operative Department to consider and dispose of the Appeal No. 1/09 pending before him within a period of five weeks from the date of receipt/production of a copy of this order. Until disposal of such appeal respondent State- - 3 - authorities shall not take any further steps after supersession as provided in the Co-operative Societies Act. S.Pandey (Ramesh Kumar Datta, J.)