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2009 DIGILAW 70 (PAT)

Dr. Sunil Kumar Singh v. State Of Bihar

2009-01-20

RAMESH KUMAR DATTA

body2009
JUDGEMENT 1. Both the interlocutory applications have been filed for quashing the order of the Registrar, Co-operative Societies, Bihar, Patna dated 12.1.2009 by which he has suspended the Board of Directors of BISCOMAUN and appointed Sri Jitendra Kumar Sinha, District Magistrate, Patna as Special Officer vesting in him the powers of the Board of Directors to manage the affairs of BISCOMAUN and also for impleading the said Sri Jitendra Kumar Sinha as party respondent to the writ petition. 2. A preliminary objection has been raised by learned Advocate General that there is provision for appeal against such an order of the Registrar, Co-operative Societies passed under Section 41(1) of the Bihar Co-operative Societies Act, 1935 to the State Government under Sub Section (6) of Section 41 of the Act and thus any challenge to the said order is barred by the availability of alternative statutory remedy. 3. Learned counsel for the petitioners, on the other hand, submits that the Registrar, Co-operative Societies, has acted in the present matter at the behest of an order dated 17.10.2008 passed by the Minister, Co-operative Department and thus it is not expected that the Minister having shown interest in the matter would be able to hear the appeal in an unbiased, fair and impartial manner. 4. The existence of alternative remedy has been held in a catena of decisions of the Supreme Court as well as of this Court as not a complete bar upon the jurisdiction of this Court under Article 226 of the Constitution and it is essentially a matter of discretion to be exercised upon well established judicial principles. In the present case I find merit in the contention of learned counsel for the petitioners. The preliminary objection is, accordingly, overruled. 5. In the facts and circumstances of the case, the prayers made in the I.As. for amendment of the prayer so as to challenge the order dated 12.1.2009 as also for impleadment of Sri Jitendra Kumar Sinha, District Magistrate, Patna-cum-Special Officer of BISCOMAUN as party respondent are allowed. 6. I. A. Nos. 305 of 2009 and 307 of 2009 are, accordingly, disposed of. 7. As prayed for by learned Advocate General, put up the matter among top five case on 28th January, 2009 enabling him to file counter affidavit in the meantime.