IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3738 of 2010 DHARM NATH SHAHI S/O LATE RAJGRIHI SHAHI R/O RAJIV NAGAR, ( AMRAPALI SOCIETY ), ROAD NO.- 9, NEAR SHIV MANDIR, P.S.- PATLIPUTRA, DISTT.- PATNA Versus 1. THE STATE OF BIHAR THROUGH REGISTRAR CO-OPERATIVE SOCIETY BIHAR, PATNA 2. BISCOMAN THROUGH ITS MANAGING DIRECTOR BIHAR, PATNA 3. MANAGING DIRECTOR, BISCOMAN PATNA, BIHAR 4. FINANCE CONTROLLER CUM-CHIEF EXECUTIVE OFFICER BISCOMAN EMPLOYEE PROVIDENT FUND ORGANISATION, PATNA 5. ASSISTANT COMMISSIONER PROVIDENT FUND REGIONAL OFFICE PATNA 6. COMMISSIONER, REGIONAL PROVIDENT FUND BIHAR, PATNA ----------- 03. 05.04.2010 Heard learned counsel for the petitioner and the counsel for the Bihar State Cooperative Marketing Union(hereinafter referred to as the “BISCOMAUN”). 2. Petitioner is an employee of the BISCOMAUN. He has filed this writ application for a direction to the authorities of the BISCOMAUN to refund the excess amount deposited in the provident fund account of the petitioner i.e. P.F. Account No.511 in compliance of the instruction of the Accounts Officer dated 3.8.2007, Annexure-3. 3. It is submitted by the counsel for the BISCOMAUN that BISCOMAUN being not a State within the meaning of Article 12 of the Constitution of India this Court should not pass any direction to the authorities to refund the amount in compliance of the instructions of the Accounts Officer dated 3.8.2007, Annexure-3. 4. True it is that BISCOMAUN being not a State within the meaning of Article 12 of the Constitution of India is not amenable to the writ jurisdiction but the petitioner is not prevented from requesting this Court to direct the Registrar, Cooperative Societies, Bihar, Patna to consider his request which has been made in this application within - 2 - a time frame. 5. Having heard counsel for the petitioner and the BISCOMAUN, I direct the petitioner to approach the Registrar, Cooperative Societies with a request to refund the excess amount deposited in his P.F. account in compliance of the instructions of the Accounts Officer dated 3.8.2007, Annexure-3 with interest as the said amount earned interest when it lay in deposit with the BISCOMAUN. Accordingly, the Registrar, Cooperative Societies, Bihar, Patna is directed to consider the request of the petitioner for refund of the excess amount with interest earned over the same as early as possible, in any case within two months from the date of receipt/production of a copy of this order before him. 6. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)