RABINDRA NATH MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Challenge in this present Letters Patent Appeal is to the judgment dated 19.06.2018 passed by the learned Single Judge in Civil Writ Jurisdiction Case No. 8279/2018.By the impugned judgment the learned Single Judge has been pleased to follow the Special Bench Judgment of this court in the case of the Organizer, Dehri C.D. and C.M. Union Limited Vs. State of Bihar reported in 2014 (1) PLJR 695 and held that the present writ application under Article 226 of the Constitution of India would not be maintainable against a cooperative society.

(2.) Although the Letters Patent Appeal was taken up for hearing earlier but it has been heard afresh today.

(3.) Mr. Y.V. Giri, learned senior counsel for the appellant has submitted that the judgment of the Hon'ble Special Bench of this court in the case of Organizer, Dehri C.D. and C.M. Union Limited (supra) has no application in the facts of the present case, moreover in the said case Hon'ble Special Bench was considering altogether a different issue. Learned senior counsel has taken this court through the provision of the Banking Regulation Act, 1949 and the NABARD Act, 1981 to submit that the respondent Bank is discharging the sovereign functions which is of public importance and therefore it would be amenable to Article 226 of the Constitution of India. In this connection learned senior counsel has also relied upon the judgment of the Hon'ble Apex Court in the case of U.P. State Cooperative Land Development Bank Limited vs. Chandra Bhan Dubey and others reported in (1999) 1 SCC 741 to submit that in the said case the appellant UP State Cooperative Land Development Bank though was a cooperative society registered under the UP Co-operative Societies Act, 1965 was constituted under the Uttar Pradesh Cooperative Land Development Bank Act 1964 (hereinafter referred to as the 'Bank Act'), in exercise of power conferred conferred on the State Government by Section 30 of the Bank Act, Rules were framed namely the UP Cooperative Land Development Bank Rules 1971. Service condition of the employees of the appellant was also framed under regulation framed by the UP Cooperative Institutional Service Code constituted under Section 122 of the Societies Act.