IN THE HIGH COURT OF JUDICATURE AT PATNA LETTERS PATENT APPEAL No.1621 of 2009 IN CWJC 7364 of 2009 WITH I.A. No. 8605 of 2009 WITH I.A. NO. 362 of 2010 WITH I.A. NO. 703 of 2010 IN LETTERS PATENT APPEAL No.1621 of 2009 ========================================== THE STATE OF BIHAR THROUGH THE COMMISSIONER-CUM-SECRETARY DEPARTMENT OF COOPERATIVE, GOVERNMENT OF BIHAR, PATNA Versus 1. PRAMOD BIHARI S/O SRI RAMASHISH SHARMA R/O VILL.- JHUNATHI, P.S.- ARWAL, DISTT.- ARWAL 2. RAJENDRA PRASAD SINGH S/O LATE JWALA PRASAD SINGH R/O VILL.- ASANI, P.S.- UDWANTNAGAR, DISTT.- BHOJPUR 3. SHYAM NARAYAN SINGH S/O LATE RAM NATH SINGH R/O VILL.- AARRAWATI, P.O.- SAKALDIHA, DISTT.- CHANDAULI, UTTAR PRADESH 4. RAMJI CHOUDHARY S/O LATE TILAKDHARI CHOUDHARY R/O MOHALLA- SAHID BHAGAT SINGH COLONY, MUSTAFABAD, P.O.- GAYA, P.S.- RAMPUR, DISTT.- GAYA 5. KAMAL KISHORE LALIT S/O LATE BRAJ KISHORE PRASAD R/O VILL.- BABANBIGHA, P.O. & P.S. - BARBIGHA, DISTT.- SHEIKHPURA 6. BIHAR STATE COOPERATIVE LAND DEVELOPMENT BANK LTD. BUDHMARG, PATNA-1 THROUGH ITS MANAGING DIRECTOR 7. THE CHAIRMAN BIHAR STATE COOPERATIVE LAND DEVELOPMENT BANK, BUDHMARG, PATNA-1 8. THAT MANAGING DIRECTOR BIHAR STATE COOPERATIVE LAND DEVELOPMENT BANK LTD., BUDHMARG, PATNA-1 9. THE DEPUTY DIRECTOR (PERSONNEL) BIHAR STATE COOPERATIVE LAND DEVELOPMENT BANK LTD., BUDHMARG, PATNA-1 ========================================== with CIVIL WRIT JURISDICTION CASE No.1730 of 2009 ========================================== RANJIT PASWAN & ORS - Petitioner(s) Versus 2 L.N.MITHILA UNIVERSITY & ORS- Respondent(s) ========================================== with CIVIL WRIT JURISDICTION CASE No.15541 of 2009 with I.A. No. 8176 of 2009 with I.A. No. 100 of 2010 In CIVIL WRIT JURISDICTION CASE No.15541 of 2009 ========================================== 1. RADHA MOHAN SINGH S/O LATE AWADH BIHARI SINGH VILLAGE AND P.O.- HARADIAN, P.S.- JAGDISHPUR, DISTT.- BHOJPUR, ARA 2. LALLAN PANDEY S/O LATE AKALU PANDEY VILLAGE AND P.O.- HARADIAN, P.S.- JAGDISHPUR, DISTT.- BHOJPUR, ARA 3. LAXMAN PANDEY S/O SRI BISWANATH PANDEY VILLAGE AND P.O.- HARADIAN, P.S.- JAGDISHPUR, DISTT.- BHOJPUR, ARA 4. ASHWINI KUMAR SINGH S/O LATE RAM DHYAN SINGH VILL.- AMSARI, P.O.- AMSARI, P.S.- MURAR, DISTT.- BUXAR Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY GOVERNMENT OF BIHAR, CO-OPERATIVE DEPARTMENT, BIHAR, PATNA 2. THE REGISTRAR CO-OPERATIVE SOCIETIES, BIHAR, PATNA 3. THE BIHAR RAJYA SAHAKARI BHUMI VIKAS BANK SIMIT BUDH MARG, PATNA THROUGH ITS MANAGING DIRECTOR 4. SRI P.K. SINHA, JOINT REGISTRAR (MARKETING) CO-OPERATIVE SOCIETIES, BIHAR, PATNA-CUM- MANAGING DIRECTOR THE BIHAR RAJYA SAHAKARI BHUMI VIKAS BANK SIMIT, PATNA 5. THE DIRECTOR PERSONNEL BIHAR STATE CO- OPERATIVE LAND DEPARTMENT BANK LTD., BUDHA MARG, PATNA 6. THE BRANCH MANAGER BIHAR STATE CO- OPERATIVE LAND DEVELOPMENT BANK LTD., BIHIYA, P.S.- BIHIYA, DISTT.- BHOJPUR 7. THE BRANCH MANAGER null BIHAR STATE CO- OPERATIVE LAND DEVELOPMENT BANK LTD., DUMRAON, P.S.- DUMRAON, DISTT.- BUXAR 8. THE BOARD OF DIRECTORS OF THE BIHAR STATE CO-OPERATIVE LAND DEVELOPMENT BANK LTD. PATNA THROUGH ITS CHAIRMAN ========================================== 3 with CIVIL WRIT JURISDICTION CASE No.9757 of 2010 with I.A. No. 5869 of 2010 In CIVIL WRIT JURISDICTION CASE No.9757 of 2010 ========================================= LALAN PANDEY, S/O LATE AKLU PANDEY, R/O VILLAGE AND P.O. HARDIYA, P.S. JAGDISHPUR,DISTRICT- BHOJPUR AT ARA. Versus 1. THE UNION OF INDIA THROUGH THE MINISTRY OF AGRICULTURE, DEPARTMENT OF AGRICULTURE AND CO-OPERATION,GOVT. OF INDIA,KRISHI BHAWAN,NEW DELHI. 2. THE SECRETARY, DEPARTMENT OF AGRICULTURE AND CO-OPERATION,GOVT. OF INDIA,KRISHI BHAWAN,NEW DELHI. 3. THE JOINT SECRETARY TO THE GOVT. OF INDIA CUM CENTRAL REGISTRAR OF CO-OPERATIVE SOCIETIES, DEPARTMENT OF AGRICULTURE AND CO-OPERATION,GOVT. OF INDIA,KRISHI BHAWAN,NEW DELHI. 4. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY,GOVT. OF BIHAR,PATNA 5. THE PRINCIPAL SECRETARY, CO-OPERATIVE DEPARTMENT,GOVT. OF BIHAR, PATNA. 6. THE REGISTRAR, CO-OPERATIVE SOCIETIES,GOVT. OF BIHAR, PATNA. 7. THE BIHAR RAJYA SAHKARI BHUMI VIKAS BANK SIMIT,BUDHA MARG,PATNA THROUGH THE CHAIRMAN. 8. THE CHAIRMAN, THE BIHAR RAJYA SAHKARI BHUMI VIKAS BANK SIMIT,BUDHA MARG,PATNA. 9. THE MANAGING DIRECTOR, THE BIHAR RAJYA SAHKARI BHUMI VIKAS BANK SIMIT,BUDHA MARG,PATNA. ========================================== Appearance: (In LPA No.1621 of 2009) For the Appellant: Mr. VISHWAMBHAR PRASAD, AC to GP4 For the Respondents: Mr. SHIV KUMAR (CGC) Mr. ISHWARI SINGH Mr. KISHOR KUMAR SINHA Mr. VIRENDRA KUMAR RAI Mr. BIPIN BIHARI SINGH Mr. KAMLENDRA PRASAD SINGH 4 Mr. SHYAMA KANT SINGH Mr. BINOD BIHARI SINHA Mr. RAGHIB AHSAN(ASG) (In CWJC No.1730 of 2009) For the Petitioner: Mr. SAROJ KUMAR For the Respondent: None (In CWJC No.15541 of 2009) For the Petitioner: Mr. KIRAN KUMARI For the Respondents: Mr. RAJESH PD.CHOUDHARY Mr. BIPIN BIHARI SINGH Mr. SRI KRISHNA RANJAN (In CWJC No.9757 of 2010) For the Petitioner: Mr. MANIMALA For the Respondents: Mr. RAGHIB AHSAN(ASST.SG) Mr. RAJESH PRASAD CHOUDHARY ========================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 13. 13.09.2010 Letters Patent Appeal No. 1621 of 2010 This Appeal preferred under Clause 10 of the Letters Patent arises from the judgment and order dated 19th July 2009 passed by the learned Single Judge in above C.W.J.C. No. 7364 of 2009. The matter at issue was whether the employees of the Bihar State Co-operative Land Development Bank Limited (hereinafter referred to as “the Bank”) would retire from service on reaching the age of 58 years or of 60 years. While resolving the said issue the learned Single Judge also held that by virtue of Section 103 of the Multi State Co-Operative Societies Act, 2002, 5 the Bank had become a Multi State Co-Operative Society on and from the date of reorganization of the State of Bihar and formation of successor States of Bihar and Jharkhand. Feeling aggrieved the State Government has preferred this Appeal. Learned Advocate General has appeared for the State. He has candidly admitted that the interpretation of the aforesaid Section 103 is no more res integra. The Hon’ble Supreme Court has, in the matter of Naresh Shankar Srivastava V. State of U.P. & Ors. [A.I.R. 2009 SC 2450], held that; “Where by virtue of the provisions of Part I of the States Reorganisation Act, 1956, or any other enactment relating to reorganization of States, any co-operative society which immediately before the day on which the re-organisation takes place, had its objects confined to one State becomes, as from the day, a multi-State co-operative society, it shall be deemed to be a multi-State co-operative society registered under the corresponding provisions of this Act and the bye-laws of such society shall, insofar as they are not inconsistent with the provisions of this Act, continue to be in force until altered or rescinded.” He has, however, submitted that the matter whether the Bank was a Multi State Co-Operative Society or not, was not a matter at issue before the learned Single Judge. Nevertheless, the learned Single Judge has decided the matter. We do appreciate the concern expressed by the learned Advocate General. However, as the matter has finally 6 been decided by the Hon’ble Supreme Court, the observation made by the learned Single Judge has to be upheld. For the aforesaid reasons, the Appeal is dismissed in limine. Interlocutory Applications stand disposed of. At this stage learned Advocate Mr. Mangalam has appeared and intervened in the matter. He has submitted that one of the members of the Bank has filed a writ petition being C.W.J.C. No. 9757 of 2010 to challenge the action of the Central Registrar in registering the Bank as a Multi State Co-Operative Society. He has submitted that factually it is incorrect to say that after reorganization of the erstwhile State of Bihar, the Bank continues to operate in the territories of the reorganized State of Bihar and the State of Jharkhand. Be that as it may, the question can be agitated before the learned Single Judge. The writ petitions C.W.J.C. nos. 1730 of 2009; 15541 of 2009 and 9757 of 2010 will be notified before the learned Single Judge. Let the writ petitions be placed for Admission. S.Sb/- (R.M. Doshit, CJ.) (Jyoti Saran, J.)