Jharkhand High Court
Rajesh Kumar Gupta vs The State Of Jharkhand on 12 April, 2018
Author: Ananda Sen
Bench: Ananda Sen
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 430 of 2017
Rajesh Kumar Gupta, S/O Late Shiv Prasad Gupta, resident of
Putki Bazar More, P.O. Kusunda, P.S Putki, District-Dhanbad
... ... Petitioner
Versus
1.The State of Jharkhand
2.The State of Bihar
3.The General Manager (Mktg), Bihar State Milk Co-operative
Milk Federation Department (COMFED), Patna, having its office
at Diary Development Complex, P.O-Bihar Veterinary College,
Patna, Bihar-800014
4.The Deputy General Manager (Mktg), Bihar State Milk Co-
operative Milk Federation Department (COMFED), Patna, having
its office at Diary Development Complex, P.O-Bihar Veterinary
College, Patna, Bihar-800014
5.The Managing Director, Bihar State Milk Co-operative Milk
Federation Department (COMFED), Patna, having its office at
Diary Development Complex, P.O-Bihar Veterinary College,
Patna, Bihar-800014
6.The Chief Executive, Co-operative Milk Federation Department
(COMFED), Bokaro Diary Unit Sect.12/F, Bokaro Steel City,
P.O.Bokaro Steel City, District-Bokaro (Jharkhand)-827012
7.The Executive Officer, Co-operative Milk Federation
Department (COMFED), Dhanbad, P.O, P.S and District-
Dhanbad ... ... Respondents
CORAM: HON'BLE MR. JUSTICE ANANDA SEN
---------
For the Petitioner : Mr. Naresh Pd. Thakur, Advocate For the Respondents : Mr. Manoj Kr. No.3, Advocate For the State of Bihar : Mr. S.P.Roy, Advocate 04/Dated: 12th April, 2018 The petitioner has challenged the order dated 01.07.2015(Annexure-3) by which the respondent Bihar State Milk Co-operative Milk Federation Ltd. has cancelled the retailership license of the petitioner.
Mr. Sachin Kumar appearing on behalf of the Bihar State Milk Co-operative Milk Federation Ltd. raises a preliminary issue. He submits that this writ application is not at all maintainable as the said Co-operative Federation Ltd. is not a State within the meaning of Article 12 of the Constitution of India. In support of his contention he relies upon the judgment delivered by the full Bench of this court as reported in 2008 (1) JCR 13 (Jhr)(FB) in the case of Hare Ram Singh etc. Vs. Bihar State Co-operative Milk Producers Federation Ltd., (COMPFED), Patna.
After going through the judgment, I find that this full Bench of this court has decided the issue and has held that Bihar State Co-operative Milk Producers Federation Ltd. (COMPFED), Patna is not a State within the meaning of Article 12 of the Constitution of India.
Since the respondents are not the State within the meaning of Article 12 of the Constitution of India, this writ application is not maintainable, the same is dismissed.
Accordingly this writ application stands dismissed.
(Ananda Sen, J.) Amar/cp2