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IN THE HIGH COURT AT CALCUTTA
MADHURESH PRASAD, PARTHA SARATHI CHATTERJEE
NRS Agro Pvt. Ltd. – Appellant
Versus
Bhagirathi Co-operative Milk Producers’ Union Ltd. – Respondent
JUDGMENT :
MADHURESH PRASAD, J.
1. The present intra-court appeal has been filed challenging the judgment dated 02.02.2024 passed in the writ proceedings dismissing the writ petition on the ground of the same being not maintainable.
2. The brief and relevant factual matrix of the case is that the appellant/petitioner (hereinafter referred to as petitioner) is a private company engaged in the business of processing and packaging of milk and dairy products. It responded to an Expression of Interest (EOI) published by the respondent no. 1 for packaging of minimum of 15,000 lts. of milk per day and 1,000 kg of sour curd and lassi per day, for its marketing in different stations. The petitioner emerged unsuccessful in the process. The work was awarded to private respondent no.4.
3. Being aggrieved, the petitioner approached the writ court assailing the award to respondent no. 4 on several grounds including the ground that the respondent no. 4 was lacking the requisite qualification as it did not possess the requisite dimension of land as per EOI. The respondent no. 1 appeared in the writ proceedings and raised an issue of maintainability of the writ petition under Article 226 of the Constit
Writ petitions against cooperative societies are not maintainable unless they perform public functions or can be classified as public authorities as per Article 12.
Writ jurisdiction does not extend to enforcing cooperative society bye laws, which lack the force of law and are treated as private contractual obligations.
Writ petitions against private co-operative societies are not maintainable under Article 226 unless they demonstrate public authority status.
The court determined that cooperative banks do not qualify as 'State' under Article 12 of the Constitution, thus are not amenable to writ jurisdiction.
Writ petitions against private entities are not maintainable under Article 226 unless public law elements are involved; termination from a private company does not invoke judicial review.
The test laid down in Marappan's case continues to govern the maintainability of writ petitions against Co-operative Societies.
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