A writ petition is not maintainable against Primary Agricultural Cooperative Societies as they do not qualify as 'State' under Article 12 of the Constitution, as they are neither funded nor controlled by the government, despite regulatory oversight by a Registrar.

Office Notes, reports, orders or proceedings S NL o. Date or directions COURT’S OR JUDGE’S ORDERS and Registrar’s order with Signatures

(2) Since the issue involved in all these writ petitions is identical, therefore, these are being heard and decided together by this common judgment. However, for brevity, facts of Writ Petition (S/S) No. 1837 of 2025 alone are being considered and discussed here.

(3) Petitioners were employed with different Primary Agricultural Cooperative Societies in District Haridwar. Their services were terminated by the Secretary of the Cooperative Society concerned on the ground that they were wrongly appointed. Thus feeling aggrieved, petitioners have approached this Court.

(4) Learned Counsels for the respondents submit that writ petition against Primary Co-operative Societies is not maintainable, as they are not ‘State’ within the meaning of Article 12 of the Constitution. They rely upon a judgment rendered by Hon’ble Supreme Court in the case of S.S. Rana v. Registrar, Co-operative Societies and Another , reported as 2006 (11) SCC 634.

(5) This Court finds substance in the submission made by learned Counsel for the respondents. Law is settled that writ petition is maintainable only against a body which comes within the definition of ‘State’. Since Primary Agricultural Cooperative Societies are neither funded nor controlled by the State or Central Government, therefore, merely because Registrar has regulatory control over them as per Co-operative Societies Act, will not make them amenable to writ jurisdiction. Writ petitions are, accordingly, dismissed as not maintainable. Petitioners however shall be at liberty to approach the appropriate forum.