Chandeshwar Panjiyar v. Bihar State Milk Cooperative Federation Limited And ORS

Patna High Court CWJC No.1705 of 2018 dt.20-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1705 of 2018 =========================================================== Chandeshwar Panjiyar s/o late Raghunath Panjiyar resident of Maharajganj, Ward No. 13, PS Madhubani, District Madhubani (Bihar) the proprietor M/s Sudha Milk Parlour Retailer Code no. 011, Gileshan Bazar, Madhubani. .... .... Petitioner

Versus

1. Bihar State Milk Cooperative Federation Limited, Patna through its Managing Director.

2. Mithila Dugdh Utpadak Sahkari Sangh Limited, Samastipur Industrial Area, PO Harpur Alowth, Samastipur, PIN 848101 through the Managing Director.

3. The Managing Director, Mithila Dugdh Utpadak Sahkari Sangh Limited, Samastipur Industrial Area, PO Harpur Alowth, Samastipur, PIN 848101.

4. The Incharge Officer, Darbhanga Dairy Darbhanga, PO Laxmisagar, District Darbhanga, PIN 846009.

5. The Marketing Incharge, Milk Chilling Center, Madhubani, namely Sri Ram Udgar Prasad Singh, Santu Nagar, Ward No. 2, Madhubani.

6. Sri Rajesh Kumar Sinha proprietor M/s Sinha Marketing (the distributor) Aam Gola Road, in front of RWD Office, Bhauara, PS & District Madhubani. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Sanat Kumar Mishra, Advocate. For the Respondents : Mr. Nikesh Kumar, Advocate. =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 20-02-2018 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present writ petition has been filed for setting aside the order dated 06.01.2018 passed by the respondent no. 4 whereunder and whereby the dealership of the petitioner has been terminated during currency of the contract and the petitioner has been directed to vacate the Sudha Parlour allotted by the respondent no. 1; and for connected reliefs.

Patna High Court CWJC No.1705 of 2018 dt.20-02-2018

3. At the very outset, learned counsel for the petitioner makes statement at the Bar that an appeal against the impugned order has already been filed for redressal of his grievances and hence the present writ petition need not be pressed.

4. Learned counsel for the respondents raises a preliminary objection to the effect that the present writ petition itself is not maintainable against the respondent Co-operative Society in view of the decision reported in the case of The Organizer, Dehri C.D. & C.M. Union Limited vs. The State of Bihar & Ors., 2014(1) PLJR 695.

5. The writ petition accordingly stands dismissed. (Vikash Jain, J) Md. Ibrarul/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 21.02.2018 Transmission Date N.A.