Taposh Kumar Sarkar vs Bihar State Milk Cooperative ...
2022 Latest Caselaw 4118 Jhar

               IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                       W.P(S) No. 3434 of 2022
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Taposh Kumar Sarkar .... .... Petitioner(s).

Versus

1. Bihar State Milk Cooperative Federation Ltd. through its Managing Director

2. Chief Executive, Jamshedpur Dairy, Adityapur .... .... Respondent(s)

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CORAM : HON'BLE MR. JUSTICE ANANDA SEN.

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For the Petitioner(s) : Mr. Indrajit Sinha, Advocate Ms. Anjali Sinha, Advocate For the Respondent : Mr. Sachin Kumar, Advocate Ms. Surabhi, Advocate

5/11.10.2022 A preliminary objection has been raised by Mr. Sachin Kumar, counsel appearing on behalf of Bihar State Milk Cooperative Federation Ltd. that this writ application against Bihar State Milk Cooperative Federation Ltd is not maintainable as the said Federation cannot be termed as an agency of State Government. He relies upon a judgment passed by Full Bench of this Court as reported in 2008 (1) JCR 13 Jhr in the case of Hare Ram Singh Etc. Vrs. Bihar State Cooperative Milk Producers Federation Ltd.

After going to the said judgment, I find that full bench of this Court has held that Bihar State Milk Cooperative Federation Ltd is not a State within meaning of Article 12 of the Constitution. That being so, a writ petition is not maintainable.

At this stage, the counsel appearing on behalf of the petitioner Ms. Anjali Sinha seeks permission to withdraw this application with a liberty to approach before the appropriate forum having jurisdiction to entertain the dispute.

Prayer is allowed.

Accordingly, the instant writ application stands dismissed as withdrawn as the same is not maintainable with the aforesaid liberty.

(ANANDA SEN , J) anjali/cp2