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Patna High Court - Orders

Manoj Kumar Pandey vs The State Of Bihar And Ors on 3 August, 2023

Author: Mohit Kumar Shah

Bench: Mohit Kumar Shah

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                           Civil Writ Jurisdiction Case No.19187 of 2014
               ======================================================
               Manoj Kumar Pandey S/o Girdhar Pandey, Managing Director, Shahabad
               Dugdh Uptadak Sahkari Sangh Ltd., Ara, presently functioning as the Deputy
               General Manager in the Bihar State Milk Co-operative Federation Ltd.
               COMFED, Patna

                                                                         ... ... Petitioner/s
                                                 Versus

          1.   The State of Bihar
          2.   The Principal Secretary, Animal Husbandry and Fisheries Department cum
               Chairman, Bihar State Co-operative Federation Ltd. COMFED, Patna
          3.   The Managing Director, Bihar State Co-operative Federation Ltd.
               COMFED, Patna
          4.   The Chairman, Shahabad Dugdh Utpadak Sahkari Sangh Ltd., Ara

                                                         ... ... Respondent/s
               ======================================================
               Appearance :
               For the Petitioner/s     :    Mr.Chandra Bhushan Das, Advocate
               For the Respondent/s     :    Mr.
               ======================================================
               CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                     ORAL ORDER

2   03-08-2023

1. The present writ petition has been filed seeking the following relief:-

"1. That the present writ petition is for issuance of an appropriate writ or direction quashing the departmental proceeding vide order No. 6559 dated 05.09.2013 initiated by the Managing Director, the Bihar State Milk Co-operative Federation Ltd., hereinafter shall be referred to as the COMFED contained in Annexure
-3."

Patna High Court CWJC No.19187 of 2014(2) dt.03-08-2023 2/2

2. At the outset, the learned counsel for the respondent-Bihar State Milk Cooperative Federation Limited (COMFED), Patna has raised a preliminary objection regarding the maintainability of the present writ petition and submits that the present writ petition is not maintainable in view of the Full Bench judgment of this Court rendered in the case of Vidya Bhushan Abhay vs. Bihar State Cooperative Milk Producers Federation Limited, reported in 2010(4) PLJR 26.

3. Having regard to the aforesaid submissions made by the learned counsel for the respondent-COMFED, this Court has no option but to dismiss the present writ petition.

4. Accordingly, the present writ petition stands dismissed.

(Mohit Kumar Shah, J) S.Sb/-

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