Patna High Court - Orders
Persenjit vs The State Of Bihar, on 12 December, 2024
Author: A. Abhishek Reddy
Bench: A. Abhishek Reddy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17478 of 2024
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Persenjit, Son of Late Ras Bihari Lal, Resident of- Mainpura (West), Danapur,
P.S.- Danapur, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through Registrar, Cooperative Societies, Bihar, Patna.
2. Managing Director, Bihar State Milk Cooperative Federation, Ltd. Dairy
Development Complex, Post Office- Bihar Veterinary College, Patna-
800014.
3. Deputy Manager (Marketing), Bihar State Milk Cooperative Federation, Ltd.
Dairy Development Complex, Post Office- Bihar Veterinary College, Patna-
800014.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Rajeev Kumar Sinha, Advocate.
For the Respondent/s : Mr. Kinkar Kumar, SC-9.
For the COMFED : Mr. Nikesh Kumar, Advocate.
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CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
3 12-12-2024Learned counsel appearing on behalf of the respondents has stated that the present writ petition is not maintainable as a respondent authority is the Cooperative Society and is not State within the meaning of Article 12 of the Constitution of India. Learned counsel has relied on the judgment of the Full Bench in Vidya Bhushan Singh Abhai Vs. the Bihar State Co-operative Milk Producer's Federation Ltd., reported in 2010 (4) PLJR 26. Further, it is stated by the learned counsel for the respondents that the petitioner has an alternative and efficacious remedy of filing a suit before the Civil Court.
2. Having regard to the above made judgment and law Patna High Court CWJC No.17478 of 2024(3) dt.12-12-2024 2/2 laid down by Full Bench of this Hon'ble Court, the present writ petition is disposed of granting liberty to the petitioner to approach the Civil Court seeking redressal of his grievance.
3. With the above direction, the present writ petition stands disposed of.
(A. Abhishek Reddy, J) shakir/-
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