IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7994 of 2010 1. MANIHARI BLOCK BOAT TRAFFIC CO-OPERATIVE SOCIETY LTD., DILARPUR THROUGH ITS (1) CHAIRMAN- DEO NARAYAN SINGH, S/O LATE MITHAN SINGH AND (2) SECRETARY ARUN KUMAR SINGH, S/O LATE LAKARI SINGH, R/O VILL.- DILARPUR, P.S. MANIHARI AND DISTT.- KATIHAR, AS WELL AS BONAFIDE SHARE HOLDERS MEMBER OF AFORESAID SOCIETY AND ALSO INDIA CITIZEN Versus 1. THE STATE OF BIHAR THROUGH ITS DISTRICT MAGISTRATE CUM-COLLECTOR, DISTT.- KATIHAR 2. THE DIVISIONAL COMMISSIONER, PURNEA DIVISION, PURNEA 3. THE DISTRICT MAGISTRATE-CUM-COLLECTOR, KATIHAR 4. THE (SHRI PRABHU RAM) ADDITIONAL COLLECTOR, (REVENUE), KATIHAR 5. THE ANCHAL ADHIKARI, MANIHARI, DISTT.- KATIHAR 6. THE BLOCK DEVELOPMENT OFFICER, MANIHARI, DISTT.- KATIHAR 7. THE REGISTRAR, CO-OPERATIVE SOCIETIES, BIHAR, PATNA 8. THE (SRI MAHESH PRASAD) JOINT REGISTRAR, CO-OPERATIVE SOCIETIES, PURNEA DIVISION, PURNEA 9. THE (SRI MOHAMMAD NISAR AHMAD) DISTRICT CO- OPERATIVE OFFICER, DISTT.- KATIHAR 10. THE SRI SANJIW KUMAR SINGH, ASSISTANT REGISTRAR, CO- OPERATIVE SOCIETIES, KATIHAR-CUM-SPECIAL OFFICER MANIHARI BLOCK POST TRAFFIC CO-OPERATIVE SOCIETY LTD. DILARPUR, DISTT.- KATIHAR 11. SRI RIYAJUL HAQUE, BLOCK EXTENSION SUPERVISOR-CUM- SPECIAL OFFICER 12. SRI KOSHAL KISHOR SINGH, BLOCK EXTENSION OFFICER, KORHA-CUM-SPECIAL OFFICER 13. SHRI JAI NARAYAN MANDAL, BLOCK EXTENSION OFFICER- CUM-ADMINISTRATOR, AT PRESENT CO-OPERATIVE OFFICER BASOPATTI BLOCK, P.S.- BASOPATTI, DISTT.- DARBHANGA 14. SRI BISHWANATH SINGH S/O LATE KESHO SINGH EX- DALNAYAK MANIHARI BLOCK, BOAT TRAFFIC, CO-OPERATIVE SOCIETY LTD. DILARPUR, GHATS FOR THE YEAR 2008-2009 AND 2009-2010 AT AND P.O. MANIHARI, DISTT.- KATIHAR 15. SRI MAHESHANAND JHA S/O LATE BALESHWAR JHA R/O OFFICER'S COLONY SAHIBGANJ, DISTT.- SAHIBGANJ STATE- JHARKHAND AND EX-LESSEES OF MANIHARI-SAHIBGANJ, LUNCH AND L.C.T. FERRY GHAT 16. THE SUB-DIVISIONAL OFFICER, MANIHARI, DISTT.- KATIHAR 17. SRI KESHAW PRASAD, HALKA KARAMCHARI, MANIHARI, DISTT.- KATIHAR 02/ 10.05.2010 Heard the functionaries of the petitioner-society, counsel for the State and Respondent no.14, who has filed Vakalatnama, which is - 2 - taken on record. 2. Petitioner Society is aggrieved by the order, bearing Memo No. 2183 dated 15.4.2010, Annexure-13, passed by the Registrar, Co-operative Societies, Bihar, Patna, whereunder the working of the petitioner- society has been suspended by exercising powers contained in sub-section (1) of Section 41 of the Bihar Co- operative Societies Act, as the petitioner- society is not participating in the enquiry proceeding pending before the Joint Registrar, Co- operative Societies, Purnea in spite of issue of notice. 3. It is submitted by the functionaries of the petitioner- society that only with a view to ensure that petitioner society is not able to obtain settlement of the ghats in question in compliance of the orders of this Court dated 8.4.2010, passed in C.W.J.C. No. 5865 of 2010, Annexure-11, the impugned suspension order dated 15.4.2010, Annexure-13 has been passed. It is submitted that petitioner society could not appear in the enquiry proceeding as the notice(s) referred to in the impugned order was not received by the functionaries of the society and they shall have no objection if the enquiry proceeding pending before the Joint Registrar, Co-operative, Purnea is transferred to the Registrar, Co-operative Societies, Bihar, Patna where they will appear, provided the impugned order dated 15.4.2010, Annexure-13 is stayed in the meanwhile so that petitioner- society is able to obtain settlement of the ghats in question in compliance of the orders of this Court dated 8.4.2010, Annexure-11. 4. Having heard the functionaries of the petitioner- society, - 3 - counsel for the State and Respondent no. 14, I direct the Joint Registrar, Co-operative Societies, Purnea to transfer the enquiry proceeding pending before him to the Registrar, Co-operative Societies, Bihar, Patna where functionaries of the petitioner-societies undertake to appear within two weeks from the date of transfer of the enquiry proceeding by the Joint Registrar, Co-operative Societies, Purnea and receipt thereof by the Registrar, Co-operative Societies, Bihar, Patna. Meanwhile, order dated 15.4.2010, Annexure-13 to this application is stayed so as to enable the petitioner- society to obtain settlement of the ghats in question in accordance with law from the Collector, Katihar. 5. The writ application is, accordingly, disposed of. 6. Let this order be communicated to the Collector Katihar, Registrar, Co-operative Societies, Bihar, Patna and Joint Registrar, Co-operative Societies, Purnea through fax on payment of usual charges by the petitioner for its compliance. Arjun / (V.N. Sinha, J.)