BABULAL SAHANI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioners, J.C. to A.A.G. I and learned counsel for contesting respondent no.8.

(2.) BY this writ application, in sum and substance, the petitioners have challenged the settlement of Jalkars falling within the area of operation of Panchayat level co -operative society in favour of respondent no.8.

(3.) LEARNED counsel for the respondent no. 8, on the other hand, submitted that respondent nos. 5 to 7 were the Panchayat level co -operative societies and at the time of settlement, Managing Committee of the society were not in existence as they were dissolved and an Administrator was appointed and, therefore, no settlement could have been made with this co -operative society and the respondent no. 8 being a block level society, was eligible for settlement in absence of Panchayat level co -operative societies. Learned counsel further submitted that after settlement of Jalkar in question vide order as contained in Annexure -E to the counter affidavit, concluded agreement is there as contained in Annexure -F as the period of agreement runs from financial year 1999 -2002 and since there is no breach of contract in no way, the contract can be rescinded during the subsisting period of settlement. A counter affidavit has also been filed on behalf of the State respondent no.2, the District Co -operative Officer, East Champaran at Motihari supporting the stand of respondent no. 8.