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PATNA HIGH COURT
P.K.Misra, Shiva Kirti Singh and Jyoti Saran JJ.
Vidya Bhushan Singh Abhai, Son Of Sri Indradeo Singh
Versus
Bihar State Co-operative Milk Producer S Federation Ltd., Through Its Chairman-cum-secretary
CWJC No. 3110 of 2004
Decided On : SEPTEMBER 8, 2009
Writ Petition - Co-operative Society - Writ petition against a Co-operative Society is not maintainable unless the Co-operative Society is considered as an 'authority' within the meaning of Article 226 or Article 12 of the Constitution.
Fact of the Case:
The petition was filed against a Co-operative Society, questioning the legality of a decision of a Single Judge of the Court. The Court held that the writ petition is not maintainable against a Co-operative Society unless it is considered an 'authority' within the meaning of the Constitution.
Finding of the Court:
The Court found that the writ petition was not maintainable against the Co-operative Society and that the petitioner could pursue other remedies available under the law.
Issues: The main issue was the maintainability of the writ petition against a Co-operative Society.
Ratio Decidendi: The Court held that a writ petition is not maintainable against a Co-operative Society unless it is considered an 'authority' within the meaning of the Constitution.
Final Decision: The Court held that the writ petition was not maintainable and that the petitioner could pursue other remedies available under the law.
1. Heard Mr. Vidya Sagar, Advocate for the petitioner and Mr. P.K. Shahi, Sr. Advocate for the respondents.
2. This petition has been filed against a Co-operative Society. Even the learned Single Judge under the order of reference has raised question regarding the legality of a. decision of a Single Judge of this Court, we are not feel inclined to deal with that question. Now, law is well settled that writ is not maintainable against a Co-operative Society unless such Co-operative Society is considered as an "authority" within the meaning of Article 226 or within the meaning of Article 12 of the Constitution.
3. In such view of the matter, the writ itself is not maintainable. Since we hold that writ petition is not maintainable, it is obvious that it would be open to the petitioner to pursue any remedy available under law. It goes without saying that since the matter had remained pending in the High Court, if there is any question of limitation, it would be open to the petitioner to file an application under Section 5 of the Limitation Act.
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