IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15295 of 2010 1. BIRCHHA MUKHIYA, SON OF RAGHUBIR MUKHIYA, RESIDENT OF VILLAGE SIBLAHA, P.S. BALMIKINAGAR, DISTRICT WEST CHAMPARAN. 2. PARAS NISHAD, SON OF LATE NATHU NISHAD, RESIDENT OF VILLAGE SEMARIDIH, P.S. BALMIKINAGAR, DISTRICT WEST CHAMPARAN ----- PETITIONERS Versus 1. THE STATE OF BIHAR 2. THE DISTRICT CO-OPERATIVE OFFICER, WEST CHAMPARAN, BETTIAH 3. THE ASSISTANT REGISTRAR, CO-OPERATIVE SOCIETIES, BAGHA ANCHAL, BAGHA, BETTIAH 4. THE DISTRICT FISHERIES OFFICER-CUM-CHIEF EXECUTIVE OFFICER, WEST CHAMPARAN, BETTIAH 5. MANGALPUR RAMPURVA MATSYAJIVI SAHYOG SAMITI LTD. BAGHA2 THROUGH ITS CHAIRMAN UMA SHANKAR SAHNI ON OF LATE DAROGI SAHNI, RESIDENT OF VILLAGE DUMOULIA, P.S. BAGHA, DISTRICT WEST CHAMPARAN, BETTIAH 6. SHAMBHU CHOUDHARY, SON OF LATE MAHABIR CHOUDHARY, RESIDENT OF VILLAGE KAILASH NAGAR, RAMPURVA, P.S. BAGHA, DISTRICT WEST CHAMPARAN, BETTIAH. ----- RESPONDENTS ----------- 3 6.10.2010 The writ petitioners have challenged the order contained in Annexure-11 by which Uma Shankar Sahni the Chairman of Mangalpur Rampurwa Matsyajivi Sahyog Samiti Ltd. has been removed as member of the Managing Committee. The removal of Uma Shankar Sahni the Chairman of the Mangalpur Rampurwa Matsyajivi Sahyog Samiti Ltd. has been confirmed apparently in a meeting held on 25.5.2009 in which Uma Shankar Sahni was voted out from the Managing Committee. The petitioners claim to be settlees of two Jalkars through Uma Shankar Sahni. The 2 dispute is that the Secretary of the Managing Committee i.e. respondent no. 6 was restrained from working as a Secretary of the Managing Committee and the Chairman was to perform all duties of the Committee. The said restrain however, was removed by Annexure-E to the counter affidavit filed on behalf of respondent no. 6, which is a letter issued by the Joint Registrar, Co- operative Societies on 29.5.2010 allowing the Secretary respondent no. 6 to function. The petitioners were settled the two disputed jalkars on 12.8.2010 whereas one Bhola Mukhiya and Sukar Sahni were settled the said jalkars as far back as in 2008. It is the case of the petitioners that the said Bhola Mukhiya and Sukar Sahni had not paid the revenue and, therefore, the Chairman had settled the two jalkars in question in favour of the petitioners. The Chairman has not moved this Court claiming that he has been wrongly removed from the Managing Committee in a meeting which was said to have been held on 25.5.2009. All these aspects of the matter can only be considered and examined if the 3 Chairman challenges his removal. The petitioners would derive their rights if it is held that the Chairman had rightly acted in place of the Secretary of the Managing Committee and had the power to make settlement. This Court cannot go into the aspect, as to whether the Chairman (Uma Shankar Sahni) was correctly removed or not from the Managing Committee as it is not challenged by him and as such there is no scope for interference in this writ application. This writ petition is thus, dismissed. Sanjay ( Sheema Ali Khan, J.)