Anil Kumar Vs. State of Bihar and ors.

- constitution of india. articles 12 & 226: [m. karpaga vinayagam, c.j., narendra nath tiwari & d.p.singh, jj] writ petition - maintainability - whether state co-operative milk producers federation ltd., is a state within meaning of article 12 ? - held, from perusal of relevant rules of byelaws, it is clear that state government has no role to play either in policy decision for raising funds for federation or its expenditure and thus have no financial control. further there is nothing to indicate that government has any functional and administrative control over federation. state government has no role to play in matter of appointment of any of officials of federation including managing director. federation is totally independent in all respects and in no way subservient to state government in conduct of its business. federation in no way can be termed as agency of state government and does not come within meaning of article 12 of constitution. writ petitions against federation is not maintainable. - 5. after going through the orders passed by the deputy commissioner, hazaribagh as well as the commissioner, north chotanagpur division, hazaribagh, i find that they have rightly rejected the plea of the petitioner after discussing the relevant facts and law......the business was being run by a person who was other than the licensee and at the time of inspection, no stock register, cash memo etc. were produced by the petitioner. it further appeared that in the shop, no stock register etc. were maintained. in violation of the condition of license, cash memo were not being given to the customers. further that in spite of issuance of show-cause notice, the petitioner did not reply to it. therefore, by annexure-4, the deputy commissioner, hazaribagh cancelled the trade licence of the petitioner on the basis of the material on record.4. an appeal was filed by the petitioner before the commissioner, north chotanagpur division, hazaribagh who, by order dated 2.8.1999, as contained in an-nexure-5, dismissed the appeal of the petitioner.5. after going through the orders passed by the deputy commissioner, hazaribagh as well as the commissioner, north chotanagpur division, hazaribagh, i find that they have rightly rejected the plea of the petitioner after discussing the relevant facts and law. the allegations against the petitioner were also serious in nature.6. i do not find any illegality in the said orders. accordingly, this writ application is dismissed.no costs.