RAJ BANSH SINGH SON OF LATE DUKHAN PRASAD SINGH RETIRED ASSISTANT CO-OPERATIVE EXTENSION OFFICER Vs. BIHAR STATE SCHEDULED CASTE COOPERATIVE DEVELOPMENT CORPORATION LTD

JUDGEMENT

(1.) Heard learned counsel for the petitioner and respondents.

(2.) At the very outset, learned counsel for the respondents submitted that there is a Co-operative Society having an elected Managing Committee. It was submitted that in such view of the matter, relying upon the decision of a Special Bench of this Court in the case of The Organizer, Dehri C.D. & C.M. Union Ltd. vs. State of Bihar, 2014 1 PLJR 695, the present writ petition, under Article 226 of the Constitution of India, is not maintainable.

(3.) Learned counsel for the petitioner tried to distinguish the present case from that of The Organizer, Dehri by referring to the discussion made in the judgment where certain tests for determining whether a body is 'State' under Article 12 of the Constitution of India has been made. Attempt was to persuade the Court to test the respondents in the light of such parameters, as has been discussed in the judgment, especially at paragraph no. 47 thereof for the purposes of deciding as to whether the writ petitioner under Article 226 of the Constitution of India would lie.