Research › Search › Judgment

Himachal Pradesh High Court · body

2015 DIGILAW 1553 (HP)

Pushpa Sharma v. State of H. P.

2015-10-27

MANSOOR AHMAD MIR, TARLOK SINGH CHAUHAN

body2015
JUDGMENT : Mansoor Ahmad Mir, J. Petitioner has invoked the jurisdiction of this Court for quashing the order of allotment of tender in favour of private respondent on the grounds taken in the memo of the writ petition. The main relief sought is against the Cooperative Society/respondent No.5. 2. This Court in CWP No.6709 of 2013, titled Sanjeev Kumar and others vs. State of H.P. and others, decided on 4.8.2014, reported in Latest HLJ 2014 (HP) 1061, while replying on the earlier decision of this Court in Chandresh Kumar Malhotra vs. H.P.State Coop. Bank and others 1993(2) Sim.L.C. 243, which decision was also affirmed by the Hon’ble Full Bench of this Court in Vikram Chauhan vs. The Managing Director and ors. Latest HLJ 2013 (HP) 742 (FB), has held that the cooperative societies cannot be termed as “State” within the meaning of Article 12 of the Constitution. 3. The Apex Court, in the decision rendered in Thalappalam Ser. Co-op. Bank Ltd. and others vs. State of Kerala and others, 2013 AIR SCW 5683, after discussing the entire law on the subject, has also held that a Cooperative Society does not fall within the expression “State” or an “instrumentality of the State”, within the meaning of Article 12 of the Constitution of India. 4. At this stage, the learned counsel for the petitioner seeks permission to withdraw the writ petition with liberty to the petitioner to seek appropriate remedy by resorting to appropriate proceedings. Prayer allowed. The writ petition is dismissed as withdrawn, with liberty as prayed for. 5. Pending CMPs, if any, also stand disposed of.