KAVITA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioners have filed this writ petition under Article 226 of the Constitution of India for quashing the letter no. 6031 dated 02.11.2010 issued by respondent no. 4, the Joint Registrar, Co-operative Societies, Bihar, Patna on the direction of respondent no. 3, the Registrar, Co-operative Societies, Bihar, Patna by which respondent no. 4 informed the petitioner no. 1 that by virtue of the amendment in the Bihar, Co-operative Societies Act, 2010 all existing Fishermen Co-operative Societies of block level are to be merged in one Co-operative society and, therefore, it is not proper and possible to register proposed Hanuman Nagar Matasyajivi Sahyog Samiti, Ltd. Tisidih or any other society and it is also not possible to issue deemed registration certificate.

(2.) Petitioner no. 1 claims, herself, to be Chairman of Hanuman Nagar Matasyajivi Sahyog Samiti, Ltd. Tisidih whereas petitioners no. 2 to 7 are said to be members of aforesaid society. Petitioner no. 1 being chairman of the aforesaid society filed petition before the Assistant Registrar, Co-operative Societies, Darbhanga on 25.12.2002 for registration of the Hanuman Nagar Matasyajivi Sahyog Samiti, Ltd. Tisidih under Section 11 of the Bihar Co-operative Societies Act, 1935. There were 305 members of the aforesaid society at the time of filing petition for registration of the aforesaid society. The Assistant Registrar, Co-operative Societies, Darbhanga sent the above stated petition along with annexed documents and bye laws to the Registrar, Co-operative Societies, Bihar, Patna vide letter no. 33 dated 16.01.2003 because only Registrar, Co-operative Societies was competent for registration of the society under the provision of Bihar Co-operative Societies Act, 1935 but petition for registration of the society was neither accepted nor refused within ninety days from the date of presentation of application for registration of above stated society.

(3.) Counter affidavit has been filed on behalf of respondent no. 2 and it has been pleaded that since the Bihar Cooperative Societies (Amendment) Act, 2010 and the Bihar Self Supporting Co-operative Societies (Amendment) Act, 2010 pertaining to the reorganization of Fishermen Co-operative Societies at block level was enforced from 02.08.2010 and guidelines have already been issued for such reorganization to the District Co-operative Officers by Co-operative department, it would be in opposition to principles and sprit of the aforementioned amendment and, therefore, petitioners were informed vide impugned letter no. 6031 dated 02.11.2010 about denial of the claim of deemed registration of the society. It has further been pleaded that petitioners have suppressed some material facts and they did not disclose that one review petition no. 199 of 2010 had been filed by the petitioners for quashing the registration certificate issued in favour of the Hanuman Nagar Matasyajivi Sahyog Samiti, Ltd. Dilahi and the aforesaid society has not been made party to this writ petition and, therefore, in absence of necessary party, the adjudication of the dispute is not possible in this writ petition.