Neutral Citation No. - 2025:AHC:6264-DB Court No. - 3 Case :- WRIT - C No. - 35269 of 2024 Petitioner :- M/S Lav Kush Construction Co. Gadaura Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Surya Pratap Singh Parmar Counsel for Respondent :- C.S.C. Hon'ble Anjani Kumar Mishra,J. Hon'ble Jayant Banerji,J. Registered notices were directed to be sent to respondent No.3. Office report dated 05.11.2024 states that the notice issued to the respondent No.3 has been duly served as per the tracking report. The date fixed for appearance was 05.12.2024. Despite notice no appearance has been filed on behalf of the respondent No.3. The writ petition has been filed seeking the following relief:- "(i) Issue a writ, order or direction in the nature of mandamus directing the Executive Engineer/Projct Engineer, Uttar Pradesh Rajya Nirman Sahkari Sangh Ltd. Chaudhary Bhawan, Reewa Road, Bahtua, Mirzapur/Respondent no.3 to pay arrears of bill to the tune of Rs.19,83,080/- along with 18% interest to the petitioner for the work done by him for filling earth by tractor trolleys in the pits which were in the shape of ponds in Community Health Centre, at Durgaganj, Bhadohi." It is not in dispute that the respondent No.3 from whom the petitioner seeks a payment is an officer of the Co-operative Society. In our considered opinion the Co-operative Society not being state within the meaning under Article 12 of the Constitution of India, the mandamus prayed for cannot be issued. Under the circumstances, the petition is dismissed leaving it open for the petitioner to avail such remedy as may be available to it under common law, for redressal of his grievance. Order Date :- 15.1.2025 Himanshu Digitally signed by :- HIMANSHU YADAV High Court of Judicature at Allahabad