GOPI KRISHNA SRIVASTAVA Vs. DEPUTY HOUSING COMMISSIONER DEPUTY REGISTRAR UTTAR PRADESH AWAS EVAM VIKAS PARISHAD

JUDGEMENT

(1.) HEARD learned counsel for the parties. The petitioner was Secretary of the Committee of Management, Jeevan Beema Karmchari Grih Nirman Sahkari Samiti Limited, Kanpur and he has challenged the impugned order. In our view the respondent Society is a purely private body and not an instrumentality of the State and hence no writ lies against it. It is settled law that ordinarily no writ lies against a private body except a writ of habeas corpus.

(2.) LEARNED counsel for the petitioner states that writ lies against co-operative Societies. In our opinion writ will lie against Co-operative Society which is an instrumentality of the State because of the deep and pervasive control of. the State Government. However, no writ will lie against a Co-operative Society which is not an instrumentality of the State. Hence writ will not lie against every Cooperative Society but only against a co-operative Society which is also an instrumentality of the State In our opinion, Jeevan Beema Karmchari Grih Nirman Sahkari Samiti Limited, Kanpur is not an instrumentality of the State because it has not been demonstrated that the State Government has a deep and pervasive control . over it. The petition is, therefore, dismissed. Petition dismissed.