High CourtsDivision Bench(2008) 05 PAT CK 0073

Kumar Manish vs The State of Bihar and Others

Patna High Court · Decided on 9 May 2008 · Citation: (2008) 3 PLJR 349

HON’BLE JUDGES
C.M. Prasad, J · Barin Ghosh, J
RESULT
Dismissed
CASE NUMBER
CWJC No. 3425 of 2004

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Judgment

2 paragraphs · 244 words
1.

A completely private dispute as regards inefficiency of the people in the helm of the affairs of a Co-operative Society has been projected as a public cause by filing the present frivolous petition. Patliputra Co-operative House Construction Society Ltd., has established a colony and has allotted plots of lands to its members. Allotments in favour of the members are being misused contrary to the terms of allotment, appears to be the subject matter of complain in the instant writ petition, without making members, who have allegedly violated the terms of the allotment party to the writ petition. Such a writ petition is not maintainable and it should have been dismissed at the very threshold with exemplary cost. A private dispute of this nature in the form of Public Interest Litigation canvassed by a person who is not even a member of the Co-operative Society, is not entertainable. In the event a member of the Cooperative Society has violated any of the terms of the allotment, it is well within the competence of the Co-operative Society to take such steps as it is permitted by its by-laws and terms of the allotment. In the event Co-operative Society is obliged to take a particular stand in relation to violations by a member but the Co-operative Society has failed to do so, then another member can approach the Registrar to have the matter sorted out.

2.

This application is totally misconceived and it is, accordingly, dismissed.