Sri Konaseema Co-Operative Central ... vs N. Seetharama Raju on 5 March, 1990
A Full Bench of the Andhra Pradesh High Court in Sri Konaseema Cooperative Central Bank Ltd, Amalapuram v. N. Seetharama Raju, AIR 1990 AP 171, was considering the question whether a writ petition lay against a cooperative society and if it does, in what circumstances. After examining various decisions and treatises on the subject it was stated that even if a society could not be characterised as a 'State' within the meaning of Article 12 even so a writ would lie against it to enforce a statutory public duty which an employee is entitled to enforce against the society. In such a case, it is unnecessary to go into the question whether the society is being treated as a 'person', or an 'authority', within the meaning of Article 226 of the Constitution. What is material is the nature of the statutory duty placed upon it, and the Court is to enforce such statutory public duty.