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Jyoti Kumar Malviya v. I.F.F.C.O. Ltd., & others, Phoolpur project, Phoolpur, Allahabad - WRIT - A No. 11910 of 2000 [2002] RD-AH 22 (13 August 2002)


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Writ Petition No.11910 of 2000

Jyoti Kumar Malviya


Indian Farmers Fertilizer Co-operative Ltd. And others, Phoolpur Project, Phoolpur, Allahabad

Hon. S. Harkauli, J.

A preliminary objection has been raised in this writ petition on behalf of the respondent (IFFCO) that said body is not amenable to the writ jurisdiction of the High Court.  In support of the objection, reliance has been placed upon a series of decisions out of which two are by learned single Judges of this Court while the other decisions are of other High Courts.

In reply the contention from the side of the petitioner is two fold basically:

The first contention is that IFFCO is an "instrumentality" of the State, having regard to the share holding coupled with control of the affiars of the said body.  For showing Government control, a large number of documents have been enclosed by the petitioner as Annexures to the rejoinder Affidavit.  The petitioner also relies upon certain provisions of Multi State Co-operative Societies Act 1984, particularly section 47 and 50 thereof.

The second contention of the petitioner is that the IFFCO is carrying on the functions which can be described as "Public Functions" and because of that again IFFCO is amenable to writ jurisdiction under Article 226 of the Constitution of India.  Reliance has been placed upon the decision of the Supreme Court in the case of U.P. State Co-operative Land Development Bank Versus Chandra Bhan Dubey 1999 (SCC) (L&S) 389 and a Division Bench decision of this Court in the case of Jagveer Singh Versus Chairman, Co-operative Textile Mills Ltd. Reported in 1999(2) UPLEBC 1521.

Having examined the decisions relied upon by the petitioner as well as two decisions of this Court, namely in Writ Petition No.6143 of 1984 Shyam Lal Versus IFFCO decided on 17.12.1991 and Writ Petition No.34064 of 1996 IFFCO Employees Union Versus Executive Director decided on 26.1996, I am of the opinion that these two decisions by learned single Judges require reconsideration in the light of the material furnished by the petitioner on record of this Writ Petition as well as in the light of the aforesaid decisions of the Supreme Court as well as Division Bench of this Court.

The following two questions are therefore referred to a Larger Bench :

1)Whether IFFCO can be said to be an "instrumentality" of the State ?

2)Whether IFFCO discharges  "Public Functions" because of which it is amenable to the writ jurisdiction of the High Court under Article 226 of the Constitution of India ?

Let the papers be placed before the Hon'ble  the Chief Justice.

Dt. 13.8.2002



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