IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.366 of 2011 Binod Kumar Ram S/o Ramjee Ram, R/o village Piania, P.O. Piania, P.S. Udwant Nagar, Dist-Bhojpur. ---Petitioner Versus 1. The State Of Bihar through Administration Sudha Dairy, Patna, Bihar. 2. The Administrative Officer, Shahabad Dugdh Utpadak Sahkari Sangh Ltd. Ara, Bhojpur. 3. The Manager Sudha Dairy Ara Bhojpur. 4. The incharge Sudha Dairy Milk Chilling Centre Dumraon, Dist-Buxar. ---Respondents. ----------- 04 14.07.2011 Heard Mr. Rajendra Nath Singh for the petitioner, Mr. Rajesh Prasad Choudhary for respondent nos. 2 and 3 and Mr. Shankar Kumar Choudhary learned Assistant Counsel to Standing Counsel no. 4 for the State. A counter affidavit on behalf of the respondents has been filed raising preliminary issue. Petitioner seeks an appropriate direction upon the respondents to regularize his service on any vacant post. He claims himself to be an employee of Sudha dairy. Learned counsel for the respondents submits that Sudha dairy is only a brand name and is controlled by Bihar State Co-operative Milk Producer Federation Limited (for short ‘the COMFED’). Mr. Choudhary learned counsel appearing for respondent COMFED draws attention of the Court to averments made in paragraph nos. 3 and 4 of the counter affidavit. It appears from the averments made therein as also the order passed by this Court in CWJC no. 3110 of 2004 that COMFED has been held not to be a State within the meaning of Article 12 of the Constitution 2 of India and as such amenable to writ jurisdiction of the Court. I have carefully gone through the pleadings made in the writ petition. This Court, in view of the materials on record and also taking into account the ratio laid down in CWJC no. 3110 of 2004 has no hesitation in holding that COMFED is not a State within the meaning of Article 12 of the Constitution of India and as such no writ can be issued thereagainst. Learned counsel for the petitioner at this stage submits that he would be raising issue before the Registrar Cooperative Societies, Govt. of Bihar. Petitioner is at liberty to do so. The application is dismissed. Sym ( Kishore K. Mandal, J. )