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Himachal Pradesh High Court · body

2015 DIGILAW 878 (HP)

Sushil Kumar Dogra v. State of H. P.

2015-07-14

MANSOOR AHMAD MIR, TARLOK SINGH CHAUHAN

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Judgment Mansoor Ahmad Mir, J. The present petition has been filed by the petitioner seeking quashment of order, dated 1st December, 2008, passed by the Joint Secretary (Cooperation), to the Government of Himachal Pradesh. The petitioner, who was a party before the Revisional Authority, remained satisfied with the order passed by the said Authority in the year 2008 and in the year 2014, i.e. after a lapse of around six years, all of a sudden, the petitioner filed the instant writ petition for quashing the order of the Revisional Authority. It is not known as to in which capacity the petitioner has filed the present writ petition. Less said is better. 2. Coming to another aspect of the case, 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”, with the meaning of Article 12 of the Constitution of India. 4. Applying the decisions supra, the writ petition is not maintainable and the same is dismissed as such, alongwith pending applications, if any.