Ful Kumari Devi vs The Managing Director Bihar State Milk ... on 18 February, 2015

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Patna High Court - Orders

Ful Kumari Devi vs The Managing Director Bihar State Milk ... on 18 February, 2015

Bench: Mihir Kumar Jha

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.8051 of 2014
                 ======================================================
                 Ful Kumari Devi wife of Arbind Sharma Resident of Village - Simra Tola,
                 Koiribigha, P.S. Konch, District - Gaya.

                                                                       .... .... Petitioner/s
                                                     Versus
                 1. The Managing Director Bihar State Milk Co-operative Fedration,
                 Phulwarisharif, District - Patna.
                 2. The Administrator General Comfed, Phulwarisharif, District - Patna.
                 3. The Chief Executive, Bihar State Bilk Coperative Federation, Unit
                 Jamshedpur Diary, P.O. Gamharia, Jamshedpur - 832108 (State -
                 Jharkhand).
                 4. D. Construction Bhatia Basti, Adityapur, Jamshedpur (State - Jharkhand)
                                                                      .... .... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :   Mr. Anil Kumar Saxena, Adv
                 For the COMFED            : Mr. Rajeev Ranjan Prasad, Adv & Mrs. Renu
                                                Jha, Adv
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA
                                              ORAL JUDGMENT

3   18-02-2015

Heard learned counsel for the parties as with regard to the following relief prayed in this writ application:-

"Commanding the Respondent no. 1 to pay suitable compensation to the petitioner and give Employment to one of her son in view of the death of her son namely Sharwan Kumar caused in an accident in course of his job-works being done for the Respondent no. 1 Federation."

Having regard to the fact that the petitioner in this writ application has sought aforementioned relief against Patna High Court CWJC No.8051 of 2014 (3) dt.18-02-2015 2 Bihar State Milk Co-operative Federation (COMFED), which has been held to be not 'State' within the meaning of Article-12 of the Constitution of India in the Full Bench judgment of this Court in the case of Vidya Bhushan Singh Abhai vs the Bihar State Co- operative Milk Producer's Federation Ltd., reported in 2010 (4) PLJR 26, this Court will have no other option but to hold this writ application is not maintainable. It is, accordingly, dismissed.

The dismissal of this writ application, however, will not come in the way of the petitioner in approaching the competent Forum/Court as may be available to the petitioner for redressal of grievances raised herein.

(Mihir Kumar Jha, J) Ranjan/-

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Patna High Court - Orders