IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 8075 of 2007 RAJESHWAR PRASAD SAHANI Versus THE STATE OF BIHAR & ORS ----------- 6 18.07.2008 Heard. The petitioner professes to be the Chief Executive Officer of Bhuwan Chapra Matasyajivi Sahyog Samiti Limited, Kalyanpur. He filed this writ application on the ground that by communication No 888 dated 08.06.2006 pursuant to his application leveling serious allegations against another Cooperative Society, namely, Vikasshil Swawlambi Sahyog Samiti Limited, Kalyanpur (respondent No 8) before the Joint Registrar, Tirhut Division, Muzaffarpur, the Joint Registrar initiated enquiry and stayed the working of respondent No 8. It is alleged that inspite of the said order being passed on 08.06.2006, the District Fisheries Officer-cum-Chief Executive Officer, East Champaran, Motihari made settlements of jalkars with respondent No 8 by order dated 10.05.2007. Upon notice, respondent No 8 has appeared and filed a counter affidavit. A counter affidavit has also been filed by respondent No 6, the District Fisheries Officer-cum-Chief Executive Officer, East Champaran, Motihari. In the counter affidavit of respondent No 6, a communication No 1162 dated 21.07.2006 of the Joint Registrar, Cooperative has been annexed. It is the same officer who had stayed the working of respondent No 8 and by that communication dated 21.07.2006, the stay, as earlier granted, was vacated as the petitioner could not come and establish his allegations 2 though, it seems, some enquiry continued to be held. This writ application was filed on the 11th of July, 2007 that is almost a year after stay was vacated without disclosing this fact and impugning settlement order dated 10.05.2007. It is apparent that the petitioner suppressed material facts while moving this Court because it is not believable that when proceedings were initiated at his behest and functioning of respondent No 8 stayed at his behest , he would not keep himself abreast of this proceeding. In that view of the matter and in view of the fact that stay has been vacated by the Joint Registrar long before settlement was made, there is no merit in this writ application. It is dismissed accordingly. M.E.H./ (Navaniti Prasad Singh)