Rahmati Khatoon Vs. State of Jharkhand Through the Registrar Co-operative Societies and ors. - Court Judgment

Excerpt:
- 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. orderr.k. merathia, j.1. heard the parties finally.2. the petitioner has filed this writ petition for a direction upon the respondents to pay the maturity value of laxmi deposit scheme amounting to rs. 27,125.00/-under deposit receipt no. 005060 matured on 15.9.2000 with the respondent bank with future interest at the rate of 12% per annum from the date of maturity till the date of payment.3. counsel for the petitioner relied on the order passed on 8.8.2003 in wp(c) no. 5552 of 2002 ashraf ali etc.4. mr. m.k. roy, appearing for the respondent-bank, submitted that when the said order was passed in the case of ashraf ali (supra), only the licence to carry on banking business was cancelled but thereafter the bank has gone under liquidation and the deputy commissioner, palamau has been appointed as official liquidator. in support of his contention, he produced a copy of the notification issued by the office of the registrar. co-operative societies. jharkhand, ranchi dated 18.7.2005. he lastly submitted that a similar order passed on 5.7.2007 in wp(c) no. 5550 of 2002-mohammad ali etc. can be passed: and that now it will not be possible to comply with the order similar to the order of ashraf ali (supra) as the bank is now under liquidation. he further submitted that petitioner will be treated as a secured creditor and the reserve bank of india is releasing amounts in favour of the bank in order to enable it to pay to the depositors and, therefore, it will be proper if the petitioner files her claim before the official liquidator-deputy commissioner, palamau.5. in the circumstances, mrs. patra submitted that an order similar to the order passed in the case of mohammad ali (supra) may be passed in this case also. accordingly, the petitioner is permitted to withdraw this writ petition with liberty to file a claim before the official liquidator-deputy commissioner. palamau.

Judgment:
ORDER

R.K. Merathia, J.

1. Heard the parties finally.

2. The petitioner has filed this writ petition for a direction upon the respondents to pay the maturity value of Laxmi Deposit Scheme amounting to Rs. 27,125.00/-under Deposit Receipt No. 005060 matured on 15.9.2000 with the respondent bank with future interest at the rate of 12% per annum from the date of maturity till the date of payment.

3. Counsel for the petitioner relied on the order passed on 8.8.2003 in WP(C) No. 5552 of 2002 Ashraf Ali etc.

4. Mr. M.K. Roy, appearing for the respondent-Bank, submitted that when the said order was passed in the case of Ashraf Ali (supra), only the licence to carry on Banking business was cancelled but thereafter the Bank has gone under liquidation and the Deputy Commissioner, Palamau has been appointed as official liquidator. In support of his contention, he produced a copy of the notification issued by the office of the Registrar. Co-operative Societies. Jharkhand, Ranchi dated 18.7.2005. He lastly submitted that a similar order passed on 5.7.2007 in WP(C) No. 5550 of 2002-Mohammad Ali etc. can be passed: and that now it will not be possible to comply with the order similar to the order of Ashraf Ali (supra) as the bank is now under liquidation. He further submitted that petitioner will be treated as a secured creditor and the Reserve Bank of India is releasing amounts in favour of the Bank in order to enable it to pay to the depositors and, therefore, it will be proper if the petitioner files her claim before the official liquidator-Deputy Commissioner, Palamau.

5. In the circumstances, Mrs. Patra submitted that an order similar to the order passed in the case of Mohammad Ali (supra) may be passed in this case also. Accordingly, the petitioner is permitted to withdraw this writ petition with liberty to file a claim before the official liquidator-Deputy Commissioner. Palamau.