TASPUR PRAKHAND MATAYAJIVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition, the prayer is for dissolution of Rampur Maheshpur Matsyajivi Swawlambi Sahkari Samiti Ltd. (respondent No. 4) in terms of Section 44 of the Bihar Self -upporting Co -operative Societies, 1996.

(2.) THE petitioner claims to be a registered Society in accordance with the provisions of Bihar Self -Supporting Co - operative Societies Act, 1996 bearing registration No. BR -060301 F.M. 0498. It is alleged that respondent No. 4, Society, has been registered within the area of operation of the petitioner 'sSociety bearing the same registration number but on a different date, i.e., 21 -12 -1998 and it has not functioned. According to the learned Sayeeda Khatoon Versus Bibi Sayeeda Tahira Nahid Counsel for the petitioner, the provision relating to dissolution of such Society is provided under Sec. 44 of the said Act and the. Registrar or the interested person after giving notice to the proposed application can apply to the Tribunal for an order dissolving such Co -operation Society, as the Tribunal is not functioning. According to the learned Counsel for the petitioner, the remedy only lies before this Court under Article 226 of the Constitution. The dispute appears to be with respect to existence of Respondent No. 4.

(3.) HAVING regard to the fact that the State Government, has failed to discharge their duty cast under 1996 Act now for almost five years, this Court considers it expedient to dispose of the writ petition with the direction to the State Government to frame Rules and constitute appropriate number of Co -operative Tribunals as may be necessary in terms of the provisions contained in Sec. 39 of the Act within two months.