Judgment

SINHA, C.J.I. : This appeal, by special leave, is directed against the order of a Division Bench of the Patna High Court, dated October 30, 1961, dismissing in limine the appellant s petition dated October 24, 1961, under Arts. 226 and 227 of the Constitution, being Miscellaneous judicial Case No. 954 of 1961, for a writ of Prohibition directing the first respondent not to proceed with the Award Case No. 101 of 1961, and a writ of Certiorari for quashing the order of the said respondent, dated September 29, 1961. The appellant is a private limited company, incorporated under the Indian Companies Act, with its registered office at Calcutta. It carries on the business of manufacturing sugar in its factory at Sugauli in the district of Champaran, in Bihar. The first respondent is the Assistant Registrar, Cooperative Societies, Motihari Circle, Motihari, in the State of Bihar; the second respondent is the Union of Co-operative Societies, and is registered under the Bihar and Orissa Co-operative Societies Act (B. and O. Act VI of 1935) (to be referred to hereinafter as the Act); the third respondent is the State of Bihar.

2. On August 14, 196l, respondent No 2 made a reference un