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1976 Supreme(SC) 106

V.R.KRISHNA IYER, Y.V.CHANDRACHUD
Kulchhinder Singh – Appellant
Versus
Hardayal Singh Brar – Respondent


Advocates:
B.R.AGRAWAL, J.L.GUPTA, J.RAMAMURTHY, JANENDRA LAL, M.K.RAMAMURTHY, Ramesh C.Pathak

JUDGMENT

V. R. KRISHNA IYER, J.: — This Civil Appeal, by special leave under Art. 136, raises a common question of great moment, the decision of which may have a wider litigative fall-out than may appear on the surface. The first question expressed, manu brevi, is as to whether a writ may issue, under Art. 226, against a Society registered under the Punjab Co-operative Societies Act (Act XXV of 1961) setting asidea selection list at the instance of the aggrieved appellants who were not included therein. The High Court (both the learned single Judge and the Division Bench) following an earlier judgment of that Court in (1973) 2 SLR 845 (Punj. & Har.) held the writ petition to be incompetent, directed as it was against a Co-operative Society.

2. Shri M. K. Ramamurthy challenges the holding the High Court on the score that the Punjab StateCo-operative land Mortgage Bank Ltd., (State Bank, for short) is other authority within the meaning ofArticle 12 of the Constitution and, therefore, falls within the definition of State. Consequentially, a writ may issue against it. Secondly, he contents that the State Bank is a public authority and, therefore, falls within the writ jurisdiction of th














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