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2011 Supreme(SC) 1499

AFTAB ALAM, R.M.LODHA
Bharat Coking Coal Ltd. – Appellant
Versus
Indian Newspaper Society – Respondent


Advocate Appeared:
For the Appellant :Abhishek Kumar, Advocate for Mr. Anupam Lal Das, Adv. (NP)
For the Respondent:P.K. Bakshi, Advocate. (NP), Pijush K. Roy and G. Ramakrishna Prasad, Advocates. (NP)

ORDER :

1. Heard Mr. Abhishek Kumar, counsel appearing for the appellant, and Mr. Pijush K. Roy, counsel appearing for respondent No.3 - M/s. Ranchi Data System.

2. The appellant filed a petition before the Jharkhand High Court under Articles 226 and 227 of the Constitution of India challenging the order dated August 08, 2003 issued by the respondent No.1 - The Indian Newspaper Society, asking its members not to publish any advertisements on behalf of the appellant. The Writ Petition came to be finally dismissed as not maintainable by order dated January 22, 2004. The High Court seems to have noticed that respondent No.1 was a society registered under the Societies Registration Act, 1860. It was not 'State' or an agency or instrumentality of the 'State' against which a writ would issue. The High Court, while dismissing the Writ Petition, made the following observations :-

    "Before parting with this Order I must observe that this Court is not the appropriate forum for deciding the dispute with regard to the claim by and in between the Petitioner and the Respondents. It is a matter to be adjudicated by the Civil Court of competent jurisdiction. This Writ Application, accordingly stands d

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