Budhdeo Singh Son of Sri Awadh Prasad Singh vs Multi State Cooperative Land Development Bank

Heard learned counsel for the petitioner, respondents no. 1

and 2 and respondents no. 3 to 5.

The petitioner has moved the Court seeking post retiral

benefits. However, the issue which has to be gone into is whether the

respondents no. 1 and 2 or 3 to 5 are liable for such payment. The

same would necessarily require calling upon the respondents no. 1 and

2 to assist the Court in the present writ petition. Here comes the

predicament of the Court; when a Special Bench of this Court in the

case of The Organizer, Dehri C.D. & C.M. Union Ltd. vs. State of

Bihar (Sp. Bench) reported as 2014 (1) PLJR 695 has held that the

writ petition under Article 226 of the Constitution of India is not

maintainable at the first instance against the respondents no. 1 and 2.

At this juncture, it was brought to the notice of the Court that the said

judgment of the Special Bench under appeal has been stayed.

However, it has further been brought to the notice of the Court that

the appeal was filed by the State of Bihar against only part of the

judgment which held that for the period when the Co-operative

Society is under supersession and there is an Administrator appointed

by the State, for such period, the decision shall be amenable to

judicial review under Article 226 of the Constitution of India.

Thus, the issue which is not in dispute and the admitted

position is that in the said matter before the Hon''ble Supreme Court,

neither there is challenge to nor any order contrary has been passed on

the decision relating to non-maintainability of a writ petition under

Article 226 of the Constitution of India before the High Court against

a Co-operative Society being managed by the elected Managing

Committee.

Faced with the situation, learned counsel for the petitioner

prayed that he may be permitted to withdraw the writ petition to move

before the appropriate forum, in accordance with law, for the relief

prayed for in the present writ petition.

Learned counsel for the respondents do not oppose.

Accordingly, the writ petition stands disposed off with

liberty aforesaid. If the petitioner moves before the appropriate forum,

in accordance with law, the same shall be considered on its own

merits, without being prejudiced by the present order.