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2026 DAILYLAW 4831 (UTT)

KRISHNA CHAND SAINI v. STATE OF UTTARAKHAND

WPSS/1837/2025 · 2026-05-07

Manoj Kumar Tiwari

body2026

Judgment text

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2026:UHC:3468 SL. No. Dat e Of f ice Not es, r ep or t s, or d er s or p r oceed in g s or d ir ect ion s an d Reg ist r ar ’s or d er w it h Sig n at u r es COURT’S OR JUDGE’S ORDERS W PSS 1 8 3 7 / 2 0 2 5 W PSS 1 9 8 1 / 2 0 2 2 W PSS 2 3 8 4 / 2 0 2 2 W PSS 2 3 9 6 / 2 0 2 2 Hon ’ble Man oj Ku m ar Tiw ar i, J. Mr. Shubhang Dobhal, Advocate, for the petitioners. Mr. Dinesh Bankoti, Brief Holder, for the State. Mr. Naveen Chandra Tewari, Advocate, for the respondent no. 6. (2) Since the issue involved in all these writ petitions is identical, therefore, these are being heard and decided together by this common judgment. However, for brevity, facts of Writ Petition (S/ S) No. 1837 of 2025 alone are being considered and discussed here. (3) Petitioners were employed with different Primary Agricultural Cooperative Societies in District Haridwar. Their services were term inated by the Secretary of the Cooperative Society concerned on the ground that they were wrongly appointed. Thus feeling aggrieved, petitioners have approached this Court. (4) Learned Counsels for the respondents submit that writ petition against Primary Co-operative Societies is not maintainable, as they are not ‘State’ within the meaning of Article 12 of the Constitution. They rely upon a judgment rendered by Hon’ble Supreme Court in the case of S.S. Rana v. Registrar, Co-operative Societies and Another, reported as 2006 (11) SCC 634. (5) This Court finds substance in the 2026:UHC:3468 submission made by learned Counsel for the respondents. Law is settled that writ petition is maintainable only against a body which comes within the definition of ‘State’. Since Primary Agricultural Cooperative Societies are neither funded nor controlled by the State or Central Government, therefore, merely because Registrar has regulatory control over them as per Co- operative Societies Act, will not make them amenable to writ jurisdiction. Writ petitions are, accordingly, dism issed as not maintainable. Petitioners however shall be at liberty to approach the appropriate forum. ( Man oj Ku m ar Tiw ar i, J.) 7 .5 .2 0 2 6 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e 61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB 588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2026.05.07 18:37:00 +05'30' 2026:UHC:3468