14.5.2008 Present: Mr. Surinder Sharma, Advocate, for the petitioner. Mr. R.M.Bisht, Deputy Advocate General, for respondents No. 1 and 2. Mr.R.S.Gautam, Advocate, for respondent No.3. Heard Mr. Surinder Sharma, learned counsel for the petitioner, Mr. R.M.Bisht, learned Deputy Advocate General for respondents No.1 and 2 and Mr. R.S.Gautam, learned counsel for respondent No. 3. The preliminary point raised by the learned counsel for the State is regarding maintainability of the writ petition. According to learned counsel for the State, The Mandi Urban Cooperative Bank Limited, is not an instrumentality of the State under Article 12 of the Constitution of India, as such, has to be guided by the provisions of Statute dealing with the Bank. In this respect, a decision of the Supreme Court in S.S.Rana vs. Registrar, Coop. Societies and another, reported in (2006) 11 S.C.C. 634, has been referred, where Kangra Central Cooperative Bank Limited, was said to be regulated in terms of the provisions of the H.P. Cooperative Societies Act, 1968 and the said Cooperative Bank was said to be not covered within the meaning of “State” as provided under Article 12 of the Constitution of India. As such, the writ petition in reference to Kangra Central Cooperative Bank Ltd. was said to be not maintainable. Such being the position of law, the petitioner wants to withdraw the writ petition and to avail an appropriate remedy at an appropriate Forum. Keeping in view the prayer of the learned counsel for the petitioner, the writ petition is allowed to be dismissed as withdrawn with liberty to the petitioner to avail appropriate remedies before an appropriate Forum, if so advised and the dismissal of the writ petition shall not affect the merits of the case. It is also observed that since the grievances of the petitioner were being agitated before this Court in the writ petition and thus at this stage has been dismissed as withdrawn, as such, the pursuance of any further remedy before any Forum shall not only be thrown out on the ground of laches or delay. Pending Misc. applications, if any, are also dismissed as withdrawn. (R.B.Misra), J. 14th May, 2008 (Sanjay Karol), J. (C)