CIVIL WRIT JURISDICTION CASE No.12044 OF 1995 In the matter of an application under Article 226 of the Constitution of India ASHOK KUMAR SINGH, SON OF DR. SAHEB SINGH, RESIDENT OF VILLAGE MAHUARI, P.O. RANDA, P.S. TARWAN, DISTRICT AZAMGARH, AT PRESENT EX ASSISTANT MANAGER OF BIHAR STATE CO- OPERATIVE MILK PRODUCERS FEDERATION LTD., PATNA ON DEPUTATION TO VAISHALI PATLIPUTRA MILK UNION, PATNA. -------------------(Petitioner) Versus 1. THE STATE OF BIHAR 2. THE BOARD OF DIRECTORS, BIHAR STATE CO-OPERATIVE MILK PRODUCERS FEDERATION LTD., PATNA THROUGH ITS CHAIRMAN. 3. SRI SHIVA BASANTA, I.A.S., MANAGING DIRECTOR, BIHAR STATE CO-OPERATIVE MILK PRODUCERS FEDERATION LTD., PATNA. 4. SRI S.SHREEMAN NARAYAN, MANAGING DIRECTOR, VAISHALI PATLIPUTRA DUGADH UTPADAK SAHKARI SANGH LTD. D-9, SHREE KRISHNAPURI, PATNA. 5. THE MANAGING DIRECTOR, BIHAR STATE CO-OPERATIVE MILK PRODUCERS FEDERATION LTD., PATNA, NEAR B. VETERINARY COLLEGE, PATNA. -----------------------(Respondents) For the Petitioners : M/s Chandra Shekhar Prasad Singh, Brij Mohan Kumar Singh, Atul Kumar Pandey, Advocates. For the Federation : Mr. Rajesh Prasad Choudhary, Advocate. ----------- P R E S E N T THE HON'BLE MR. JUSTICE V.N. SINHA V.N. Sinha, J. Heard learned counsel for the petitioner and the counsel for the Bihar State Cooperative Milk Producers Federation Limited(hereinafter referred to as the Federation). 2. Counsel for the Federation at the out set submitted that the writ petition filed against the order dated 15.3.1994, Annexure-2 - 2 - passed by the Managing Director dismissing the petitioner from the service of the Federation duly affirmed in appeal under order dated 9.9.1995, Annexure-1 is not maintainable as the Federation is not a state within the meaning of Articles-12, 226 of the Constitution of India. In this connection, learned counsel also relied on the judgment of the Full Bench of this Court dated 8.9.2009 passed in the case of Vidya Bhushan Singh, Abhai Versus the Bihar State Cooperative Milk Producers Federation Limited & Ors. in C.W.J.C. No.3110 of 2004, Annexure-7, whereunder this Court held that the Federation is not a state within the meaning of Articles-12, 226 of the Constitution of India. 3. In the circumstances, this Court has no option but to dismiss the writ application, which is accordingly, dismissed, however with liberty to the petitioner to pursue any remedy available under law. It goes without saying that since the matter has remained pending before this Court, if there is question of limitation it would be open for the petitioner to file application under Section-5 of the Limitation Act. Patna High Court, Patna Dated 24th August, 2010 NAFR/Rajesh/ (V.N. Sinha, J.)