AMULYA SINGH Vs. NAGAREEYA SAHKARI BANK LTD

JUDGEMENT

(1.) IS a Cooperative Society a State within the meaning of Article 12 of the Constitution of India? Does it perform public functions? is a writ petition maintainable against it for violation of non -statutory provision? What is meaning of the phrase, whose area of operation extends to more than one district occurring in the notification dated 4th March. 1972 (the 1972 Notification) under Section 122 of the U.P. Co -operative Societies Act. 1965 (the Co -operative Societies Act)? These are the questions involved in these writ petitions. But before adverting to the facts of the cases, I would tike to explain meaning of few words as used by me in this judgment and details of the Appendix appended to this Judgment.

(2.) THE details of Appendixes at the end of this Judgment are as follows :

(3.) Nagareeya Sahkari Bank Ltd., Lahuraveer (Ram Katora}, Varanasi (the Bank) is a co -operative society registered under the Cooperative Societies Act. The Bank was registered under the Co -operative Societies Act. The Bank took licence from the RB1 for doing Banking business and was registered, under the Co -operative Societies Act. Its area of operation was mentioned as municipal limits of Varanasi Nagar Mahapalika. It was within one district, namely, Varanasi District. Subsequently, it took permission for opening new branches from the RB1 and was granted permission to start business at 8 other centres. These 8 places, at the time when permission was granted, were within District Varanasi. Thereafter proceedings were taken for amendment of the bylaws for including these 8 places in its area of operation. This was considered by the Deputy Registrar of Co -operative Societies, Varanasi Division (the DR) on 3.2.1993. At that time, one place, namely. Bhadohl separate district. The DR granted permission to start business only at 7 pleaces : Bhadohi was excepted by its order dated 3.2.1993. The DR and the Bank confined Its area within Varanasi district. Mughalsarai was one of the seven newly added places in the area of operation of the Bank. It was part of Varanasi district at that time.