IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1543 of 2011 In Civil Writ Jurisdiction Case No. 5343 of 2011 With Interlocutory Application No. 7306 of 2011 In Letters Patent Appeal No.1543 of 2011 ====================================================== Arun Kumar, son of Late Deo Nandan Singh, Resident of Village-Ranipur, P.O.-Korara, P.S. Paliganj and District-Patna. .... .... Petitioner-Appellant Versus 1. The Bihar State Co-Operative Marketing Union through it’s Chairman, Biscomaun Bhawan, Patna. 2. The Managing Director, Bihar State Co-Operative Marketing Union Ltd., Biscomaun Bhawan, Patna. 3. The Enquiry Officer-cum-Chief Agriculture Officer, Bihar State Co- Operative Marketing Union Ltd., Biscomaun Bhawan, Patna. 4. The State of Bihar through its Chief Secretary, Bihar, Patna. .... .... Respondents-Respondents ====================================================== Appearance : For the Appellant : Mr. Mohammed Abu Haidar, Advocate For the Respondent BISCOMAUN : Mr. Vikas Kumar, Advocate For the Respondent State: Mr. Neeraj Kumar, A.C. to S.C.-22 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2. 20-10-2011 Interlocutory Application No. 7306 of 2011: Delay of 56 days occurred in filing the Letters Patent Patna High Court LPA No.1543 of 2011 (2) dt.20-10-2011 2 / 2 2 Appeal is condoned. Interlocutory Application stands disposed of. Letters Patent Appeal No.1543 of 2011: The Appeal is preferred by the writ petitioner to challenge the order dated 28th March 2011 made by the learned single Judge in above C.W.J.C. No. 5343 of 2011. The learned advocate submits that the Managing Committee of the Bihar State Co-Operative Marketing Union Limited has been superseded and an Administrator has been appointed by the Government of Bihar to manage the affairs of the Union. As the management of the Union is now in the hands of the Administrator appointed by the State Government, in view of the Full Bench decision of this Court in the matter of Rajendra Prasad Sah v. State of Bihar (F.B.), [2000(4) PLJR 273), the Union is a ‘State’ within the meaning of Article 12 of the Constitution. The writ petition under Article 226 of the Constitution is competent. In above view of the matter, the appellant may approach the learned single Judge for review of the aforesaid order dated 28th March 2011 or may file a substantive petition in the same subject matter. Subject to the above observation, Appeal is disposed of. Pawan/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)