WPSS/2384/2022 on 7 May, 2026

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    Uttarakhand High Court

    WPSS/2384/2022 on 7 May, 2026

    Author: Manoj Kumar Tiwari

    Bench: Manoj Kumar Tiwari

                                                                                2026:UHC:3468
                  Office Notes,
                 reports, orders
                 or proceedings
    SL.
          Date    or directions                     COURT'S OR JUDGE'S ORDERS
    No.
                 and Registrar's
                   order with
                   Signatures
                                   WPSS 1837/2025
                                   WPSS 1981/2022
                                   WPSS 2384/2022
                                   WPSS 2396/2022
                                   Hon'ble Manoj Kumar Tiwari, J.
    

    Mr. Shubhang Dobhal, Advocate,
    for the petitioners.

    Mr. Dinesh Bankoti, Brief Holder,
    for the State.

    SPONSORED

    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 terminated 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, dismissed as not
    maintainable. Petitioners however shall be
    at liberty to approach the appropriate
    forum.

    (Manoj Kumar Tiwari, J.)
    7.5.2026
    Pr

    PRABODH
    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,

    KUMAR
    st=UTTARAKHAND,
    serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB
    588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR
    Date: 2026.05.07 18:37:00 +05’30’
    2026:UHC:3468

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