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2002 Supreme(Pat) 1230

AFTAB ALAM
Ram Kumar Mukhiya – Appellant
Versus
State Of Bihar – Respondent


Judgment

Aftab Alam, J.

1. The single petitioner Ram Kumar Mukhiya and respondent No. 6 Paltan Mukhiya seem to be engaged in a bitter fight over the settlement and control of the many Government jalkars in two blocks in the District of Darbhanga. The fight for the control of the Jalkars is manifested before the departmental authorities and the Courts in a controversy over an order passed by the Assistant Registrar Cooperative Societies (A.R.C.S.) by which he recalled his earlier order approving the division of a self sufficient co-operative society and cancelled the certificate of registration of the two societies, resulting from the division of the erstwhile society.

2. The relevant facts may be stated as follows ; A co-operative society under the name of Kusheshwarasthan Fishermens Co-operative Society was registered in the year 1963 under the provisions of the Bihar Co-operative Societies Act, 1935. The area of operation of the Society was the whole of the undivided Kusheshwarasthan block. In 1994 Kusheshwarasthan block was divided by a Government notification into two blocks, namely, Kusheshwarasthan Prakhand and Kusheshwarasthan Purvi Prakhand. On 17-1-1997 the Bihar Self-Suppo














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