IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1175 of 2009 SANTOSH KUMAR RAI, SON OF BAIJNATH RAI, RESIDENTOF VILLAGE SIHDI, P.S. KARGAHAR, DISTT. ROHTAS, PRESENTLYCHAIRMAN SIHDI, GRAM- PACS........... APPELLANT/RESPONDENT 2ND SET Versus 1. AJAY KUMAR SINGH , S/O LATE PRADEEP SINGH, R/O VILALGE THORSAN, P.S. KARGAHAR, DISTT.- ROHTAS.....RESPONDENT IST. SET/PETITIONER 2. THE STATE OF BIHAR 3. SECRETARY, DEPARTMENT OF COOPERATIVE GOVT. OF BIHAR. 4. CHIEFELECTION OFFICER, BIHAR RAJYA NIRVACHAN PRADHIKAR, BARACK NO.11, OLD SECRETARIAT, PATNA. 5. THE DISTRICT MAGISTRATE, ROHTAS, SASARAM. 6. THE S.D.O. SASARAM 7. DISTRICT CO-OPERATIVE OFFICER, ROHTAS. 8. B.D.O. KARGHAR, ROHTAS, SASARAM. 9. BLOCK CO-OPERATIVE OFFICER, KARGHAR, ROHTAS,SASARAM.......RESPTS. IST. SET/RESPTS. 2ND. SET. ----------- 2 6-10-2009 Heard the parties. By the order under appeal dated 17-8-2009 the writ petition filed by respondent no.1 bearing C.W.J.C.No. 9823 of 2009 was disposed of with an innocuous direction upon the District Co- operative Officer, Rohta, Sasaram to implement the direction of the S.D.O. Sasaram. The grievance of the appellant is that pursuant to such order the District Co-operative Officer has illegally included 250 persons as members of Sihdi Grame PACS. Although the appellant was not issued notice before disposal of the writ petition, we find that the order of the writ court was one which did not decide any issue one way or the other and did not affect the right of any of the parties. The concerned authority was given option to implement the direction with a rider that - 2 - implementation should be ordered only if there is no legal impediment in doing so. If the direction has been implemented illegally ignoring the legal impediment, the appellant has fresh cause of action and he can challenge the same before appropriate authority including Respondent no.5, the District Magistrate, Rohtas. The appellant may approach the District Magistrate, Rohtas at Sasaram or any other appropriate authority to ventilate his grievance. With this liberty the appeal is disposed of. ( Shiva Kirti Singh,ACJ_ ( Shyam Kishore Sharma,J) Naresh