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High Court of Jharkhand · body

2026 DAILYLAW 2314 (JHR)

ADARSH SAHAKARI GRIH NIRAMN SWAWLAMBI SAMITY LTD. v. UTKARSH SMALL FINANCE BANK, THROUGH ITS CHAIRMAN

WPC/4337/2025 · 2026-02-24

Rajesh Kumar

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:JHHC:5372 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.4337 of 2025 ---- Adarsh Sahakari Grih Nirman Swawlambi Samity Limited, a registered autonomous cooperative housing society under the Jharkhand Self-Supporting Cooperative Society Act, 1996 (as amended in 2015), having its office at 6/5 3rd Phase Adarsh Nagar, Sonari, P.O & P.S Sonari, Jamshedpur, East Singhbhum, Jharkhand 831011, represented through its Officiating Chairman Mr. Partho Prakash Majhi, aged about 40 years, S/o late Mr. Sanatan Majhi, resident of ID-4, 8th Phase, Adarsh Nagar, Sonari, P.O & P.S Sonari Jamshedpur, District: Singhbhum East. Jharkhand. …. …. Petitioner -Versus- 1. Utkarsh Small Finance Bank, having its office at Utkarsh Tower, NH- 31(Airport Road), Sehmalpur. Kazi Sarai, Harhua, P.O & P.S Varanasi, Uttar Pradesh, Pin-221105 through its Chairman. 2. Branch Manager, Utkarsh Small Finance Bank, Jamshedpur Branch, Upper Ground Floor, 20, Ram Mandir Area, South Park, Bistupur, P.O. & P.S Bistupur, Town Jamshedpur, District East Singhbhum, Jharkhand 3. Mr. Saptadeep Guha, Nodal Officer, Utkarsh Small Finance Bank, Jamshedpur Branch, Upper Ground Floor, 20, Ram Mandir Area, South Park, Bistupur, P.O & P.S. Bistupur, Town Jamshedpur, District East Singbhum, Jharkhand With W.P.(C) No.4009 of 2025 ---- Partha Prakash Manjhi, aged about 40 years, son of Late Sanatan Manjhi, resident of LD-4, 8th Phase, Adarsh Nagar, P.O. & P.S. Sonari, Town - Jamshedpur, District - East Singhbhum …. …. Petitioner -Versus- 1. The State of Jharkhand 2. The Deputy Commissioner, East Singhbhum, P.O. & P.S.-Sakchi, Jamshedpur, District East Singhbhum 3. The Sub Divisional Magistrate, Dhalbhum, P.O. & P.S. Sakchi, Jamshedpur, District East Singhbhum 4. Adarsh Sahkari Grih Nirman Swawlambi Samiti, Sonari, through Chief Executive Officer, P.O. & P.S. Sonari, Town Jamshedpur, District East Singhbhum 5. Dhananjay Dey, son of Late R.B. Dey resident of B2/C, 9th Phase, Adarshnagar. P.O. &, P.S Sonari, Jamshedpur District Singhbhum East 6. A.K. Choudhary, son of Dr. S. B. Choudhhary, resident of 3/Ε. 4th Phase, Adarshnagar, P.O. P.S Sonari, Jamshedpur District Singhbhum East 7. Maheshwari Dubey, wife of Shri Akhilesh Dubey, resident of AC-15/C, 11th Phase, Adarshnagar, P.O & P.S Sonari, Jamshedpur District Singhbhum East 8. Smeeta Dalai, wife of Dhirrendra Dalai, resident of 41/S, 7th Phase, Adarshnagar, P.O. &, P.S Sonari, Jamshedpur District- Singhbhum East …. …. Respondents ---- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ---- 2026:JHHC:5372 2 W.P.(C) No.4337 of 20225 & W.P.(C) No.4009 of 2025 For the Petitioner(s) : Mr. Rakesh Ranjan, Advocate : Mr. Anish Kr. Mishra, Adv. For the Respondent(s) : Mr. Rakesh Kr. Roy, AC to G.A-III : Mr. P.A.S Pati, Adv. : Mr. D.K. Upadhyay, Adv. ---- 03/Dated: 24th February, 2026 1. Heard the parties. 2. The writ petition being W.P.(C) 4337 of 2025 has been filed for the following reliefs:- “(i) For issuance of an appropriate writ, order or direction in the nature of mandamus or certiorari for quashing the communication letter dated 25.07.2025 (Annexure-1) pursuant to which three accounts of the petitioner has been freeze by the bank without authority of Law, on the basis of an unverified internal dispute and unauthenticated claims made by terminated members, without any statutory authority, judicial direction, or due verification from the competent Registrar or court, which is in clear violation of RBI Guidelines. (ii) For issuance of writ in nature of Mandamus, directing the respondent bank to de-freeze the account of the petitioner immediately and restore full access to the account of Adarsh Sahakari Grih Nirman Swawlambi Samity Limited so that the society may run smoothly and may restore the basic amenities to its members. (iii) For issuance of appropriate writ restraining the respondents from taking any such adverse action without express direction from competent authority or court of law in future. (iv) For stay of the operation, implementation and/order execution of the impugned orders dated 25.07.2025, by directing to de-freezing of the petitioner’s bank accounts in the interest of justice till the final disposal of the present petition.” 3. The another writ petition being W.P.(C) No.4009 of 2025 has been filed for the following reliefs:- “1. for issuance of an appropriate writ(s), order(s) or direction(s) for setting aside the election of the managing committee of the Adarsh Sahkari Grih Nirman Swawlambi Samiti, Sonari, Jamshedpur (hereinafter referred to as the 'Society) the result of which has been published by the Deputy Commissioner, Officer Jamshedpur-cum-Election Officer (Respondent No. 2) vide letter bearing no.31 dated 6.7.2025 (Annexure-11), whereby and whereunder the result of the election has been declared and the persons who were not even qualified to contest the election have not only been allowed to contest the election rather they have been declared successful despite the objections to the nominations filed by various contesting candidates. 2026:JHHC:5372 3 W.P.(C) No.4337 of 20225 & W.P.(C) No.4009 of 2025 (ii) During the pendency of the instant writ application restrain the respondent nos.5 to 8 from discharging their duties as members of the Board of Directors.” 4. A specific question has been raised by this Court regarding the functioning of the Tribunal. A report has been submitted by the learned counsel for the respondents. Paragraph No.1 of the said report is quoted herein below:- “1. यह िक वत१मान म७ ঒ीमती राजेʷरी बी० (भा० ঋ० से०) की अȯ঴ता म७ झारखਔ ˢािभलंबी सहकारी सिमितया अिधकरण, रांची काय१रत (Functional) है।” 5. Thus, it appears that the Tribunal is now functional. 6. In that view of the matter, the present writ petitions are hereby, disposed of giving liberty to the petitioner(s) to work out their remedies in the pending proceedings. 7. Pending I.As, if any, also stand disposed of. (Rajesh Kumar, J.) 24th February, 2026 Raja/- Uploaded 25.02.2026