Damodar Singh vs The Union Of India
2023 Latest Caselaw 839 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Letters Patent Appeal No.454 of 2019
                                       In
                 Civil Writ Jurisdiction Case No.1635 of 2017
     ======================================================

Damodar Singh Son of Late Bhikhar Singh Resident of Village and Post- Fakuli, Southern Tola, Near Naini village, P.S.-Chapra Muffasil, District- Saran at Chapra Pin-841301, State-Bihar

... ... Appellant/s Versus

1. The Union of India through the Principal Secretary Department of the Union of India, through the Principal Secretary Department of Agriculture and Marketing. Govt. of India, Room No.-120, Krishi Bhawan, New Delhi- 110001.

2. The Managing Director, National Agriculture Cooperative Marketing Federation of India Ltd. (NAFED) Head office NAFED House, Sidharth Enclave, Ring Road, Ashram Chowk, New Delhi 110014

3. The Branch Manager National Agriculture Cooperative Marketing Federation of India Ltd. (NAFED), Abdul Hamid Street, 2nd Floor, Kolkata- 700069

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Damodar Singh (In Person) For the Respondent/s : Mr. S.D. Sanjay (Addl. Solicitor General) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)

Date : 20-02-2023 The appellant has been heard in person.

This writ petition has been preferred by the

petitioner, seeking direction to the respondents to make Patna High Court L.P.A No.454 of 2019 dt.20-02-2023

payment of pension to him with 18% interests as nothing

has been paid to him uptil now.

The writ petition was dismissed on the preliminary

objection of respondent no. 3 that NAFED (National

Agricultural Co-operative Marketing Federation of India), is a

co-operative organization, which does not fall in the category

of "State" as defined under Article 12 of the Constitution of

India.

The appellant has not been able to demonstrate

before us regarding the instrumentality or the agency of the

State or its stake in the co-operative federation. Otherwise

also, we have examined the merits of the case of the

petitioner.

The averments made in the writ petition are too

vague to be decided in a petition under Article 226 of the

Constitution of India. For this reason, we are constrained to

observe that no interference is required to be made in the

order passed by the learned Single Judge on 16.02.2019 in

C.W.J.C. No. 1635 of 2017.

Patna High Court L.P.A No.454 of 2019 dt.20-02-2023

However, it would be open for the appellant to

approach the co-operative federation or any appropriate

forum for the needful, in case so deemed necessary.

The appeal stands disposed of accordingly.

(Ashutosh Kumar, J)

(Harish Kumar, J) shivank/sunil-

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Uploading Date          24.02.2023.
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