Amrendra Saran Sinha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.920 of 2017 ====================================================== Amrendra Saran Sinha son of Durga Saran Sinha, resident of MohallaVishnu Puri Colony, P.O._ Chand Choura, P.S.- Vishnupad, Dist- Gaya. .... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Co-operative Department, Govt. of Bihar, Patna.

2. Managing Director Bihar State Co-operative Milk Producers Federation Ltd. Patna.

3. Chief Executive Officer Bihar State Co-operative Milk Producers Federation Ltd. Unit, Gaya.

4. Managing Director Magadh Dugdh Utpadak Sahkari Sangh Ltd. Katari Hill Road, Gaya.

.... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar, Advocate Mr. Bibhuti Narayan, Advocate Mr. Rajendra Prasad, Advocate For the Respondent/s : Mr. Balram Kapri, AC to SC-26 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 28-02-2018 Learned counsel appearing for the State has raised a preliminary objection with regard to maintainability of the writ petition. He submits that in view of the decision of the Special Bench of this Court in the Organizer, Dehri C.D. & C. M. Union Limited vs. The State of Bihar & Ors., reported in 2014

(1) PLJR 695, the writ petition against a co-operative society could not be maintainable.

The objection raised on behalf of the State is well

Patna High Court CWJC No.920 of 2017 (2) dt.28-02-2018 2/2 founded.

Accordingly, the writ petition is dismissed as not maintainable. However, the petitioner would be at liberty to avail his remedies before the appropriate forum.

(Ashwani Kumar Singh, J.) Kanchan/- U