PRAMOD CHANDRA PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Manish Singh, learned counsel for the petitioner and learned Standing Counsel for the respondents.

(2.) WITH the consent of learned counsel for the parties, since pleadings are complete, the Court has proceeded to decide this matter finally under the Rules of this Court at this stage.

(3.) A preliminary objection was raised that a writ petition would not lie in the matter of dispute relating to Sansthan which is a society registered under the Societies Registration Act. This Court finds answer to this query in a Full Bench judgment in Radhey Shyam Rai Vs. State of U.P. and others, 2005(3) UPLBEC 2549 wherein U.P. Ganna Kisan Sansthan has been held an instrumentality of State and, therefore, a "State" within Article 12 of the Constitution and hence a writ petition under Article 226 of the Constitution would be maintainable. In para 40 of the judgment the Full Bench has concluded as under: