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2002 DIGILAW 955 (JHR)

Pundi Colliery Employees Cooperative Credit Society Limited v. State of Bihar

2002-08-30

TAPEN SEN

body2002
Judgment Tapen Sen, J.- Heard the parties. 2. The only two points argued by the Petitioners are that Annexure 9 being an order passed in Revision was illegal and without jurisdiction, inasmuch as the order in Appeal is not revisable under the Bihar & Orissa Cooperative Society Act, 1935. There is no merit in the aforementioned contention inasmuch as in the case of Yogendra Prasad vs. Additional Registrar, Cooperative Societies, Bihar & Others, reported in 1992 (1) PLJR 7 (SC), the aforesaid contention has already decided and it has been held that revision is maintainable. 3. So far as the second point is concerned, learned Counsel for the Petitioners has argued that the Annexure 9 was passed without any notice or opportunity of hearing to them. 4. The matter relates to an election dispute of the year 1993-94. Even if the matter is reopened it will be an exercise in futility and therefore, this Court is not inclined to interfere in this case on the other point also. 5. The Writ Petition is accordingly dismissed. However, there shall be (sic-no ?) order as to costs.