(1.) In both these appeals, the concerned body is Krishak Bharati Cooperative Ltd. ('KRIBHCO' for the sake of brevity). The question posed is as to whether it is discharging any public function and, thus, amenable to the writ jurisdiction of this Court under Article 226 of the Constitution of India.
(2.) The learned Single Judge vide impugned order dated 15.2.2002 passed in W.P.(C) No.189/1996 (out of which LPA No.291/2002 arises) by referring to the judgment dated 09.1.2002 in W.P.(C) No.3035/1999 and other connected matters titled R.K. Mishra and Others Vs. Krishak Bharti Co-operative Limited (Kribhco), which is a society registered under the Registration Act, is not to be treated as "another authority" or "instrumental or agency of the State" within the meaning of Article 12 of the Constitution of India, having regard to the constitution of the society and its bye-laws, etc. inasmuch as none of the test laid down by the Supreme Court on this aspect are fulfilled. In the appeal, challenge on this count is given up. However, the submission was that since KRIBHCO discharges public functions, it would still be amenable to the writ jurisdiction of the High Court under Article 226 of the Constitution of India.
(3.) In LPA No.719/2002, KRIBHCO is in appeal. Here the learned Single Judge in its impugned order dated 12.8.2002 has taken the view that even if KRIBHCO is not State under Article 12 of the Constitution, there is no impediment in invoking the jurisdiction of the High Court under Article 226 of the Constitution, if any, of the fundamental rights as enshrined in Part III of the Constitution are affected. In the brief order passed by the learned Single Judge for taking this view, reliance is placed on the judgment of the Apex Court in the case of U.P. State Co-operative Land Development Bank Ltd. Vs. Chandra Bhan Dubey and Ors., 1999 1 SCC 741.