Pradeep Goswami v. Union Of India & ANR

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 657/2017, CAV. 879/2017, C.M. APPL.36520-36521/2017 PRADEEP GOSWAMI ..... Appellant Through : Sh. B.S. Chowdhary and Ms. Snehlata Rana, Advocates.

versus UNION OF INDIA & ANR ..... Respondents Through : Sh. Kavindra Gill, Advocate, for UOI. Sh. Aaditya Vijaykumar, Sh. Anurag Tiwari and Ms. Akshita Katoch, Advocates, for Respondent No.2.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE SUNIL GAUR

O R D E R

% 11.10.2017 Learned Single Judge had ruled against the maintainability of the writ proceedings on the ground that the respondents - National Agricultural Cooperative Marketing Federation of India Limited was neither a State within the meaning of Article 12 of the Constitution nor was it amenable to writ jurisdiction under Article 226. In so concluding, the learned Single Judge relied upon several previous decisions of the Supreme Court as well as this Court. Most notably, the judgment in National Agricultural Cooperative Marketing Federation of India Ltd. v. NAFED Processed Food Cooperative Federation of India Employees Union and Ors. 2011 (58) DRJ 799. Reliance was also placed upon the judgment in Federal Bank Ltd. v.

Sagar Thomas and Ors. 2003 (10) SCC 733 and K.K. Saxena v. International Commission for Irrigation and Drainage 2015 (4) SCC 670.

Having heard learned counsel for the parties and considering the materials on record, including the Articles of Association, NAFED and given that the dispute which was the subject matter of writ proceedings did not touch upon any public law element, we are of the opinion that no exception can be taken to the impugned judgment.

There is no merit in the appeal; it is accordingly dismissed. S. RAVINDRA BHAT, J SUNIL GAUR, J OCTOBER 11, 2017/ajk