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Krishan Kant vs The Punjab State Cooperative ... on 23 February, 2023 cites

Ajay Hasia Etc vs Khalid Mujib Sehravardi & Ors. Etc on 13 November, 1980

13. Thus, the proposition that emerges is that for an establishment to be a 'State' as defined under Article 12 of the 8 of 20 ::: Downloaded on - 03-03-2023 01:58:50 ::: Neutral Citation No:=2023:PHHC:033951 CWP No.27527 of 2017 9 Constitution of India, it must pass the tests as enumerated by Apex Court in Ajay Hasia's case (supra) and reiterated by the Constitution Bench in the case of Pradeep Kumar Biswas (supra). In case the establishment against whom writ has been filed falls within the ambit of Article 12 and can be termed as 'State', there would be no doubt about the same being amenable to writ jurisdiction. However, writ petition will not be held to be maintainable against a body discharging public function merely because it does not fall within the definition of 'State'. The test is : whether cause of action pleaded by the petitioner involves breach of statutory provision? In the case of Cooperative Society also though it is not 'State' but a breach of statutory Rules would render it amenable to writ jurisdiction.
Supreme Court of India Cites 18 - Cited by 1343 - P N Bhagwati - Full Document

S.S. Rana vs Registrar, Co-Operative Societies & ... on 25 April, 2006

15. In the present writ petition, the petitioner prays for writ of mandamus and not for writ of certiorari. Trite it is that in order to invoke the mandamus jurisdiction, the petitioner is under obligation to show public or statutory duty laid on the respondent and to demonstrate an equally clear legal right to enforce the same. On the aforesaid principle, ratio of law laid down by Full Bench of this Court in Pritam Singh's case (supra) is fully in-line with exceptions carved out in S.S. Rana's case (supra). Now the question arises is: whether the Punjab State Cooperative Agricultural Development Bank Service 14 of 20 ::: Downloaded on - 03-03-2023 01:58:50 ::: Neutral Citation No:=2023:PHHC:033951 CWP No.27527 of 2017 15 Common Cadre Rules, 1978 are mandatory?.
Supreme Court of India Cites 20 - Cited by 138 - S B Sinha - Full Document
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