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Judgment
M. Katju, J.—Heard learned counsel for the parties.
The petitioner was Secretary of the Committee of Management, Jeevan Beema Karmchari Grih Nirman Sahkarl Samiti Limited, Kanpur and he has challenged the impugned order. In our view, the respondent society is a purely private body and not an instrumentality of the State and hence, no writ lies against it. It is settled law that ordinarily no writ lies against a private body except a writ of habeas corpus.
Learned counsel for the petitioner states that writ lies against co-operative societies. In our opinion, a writ will lie against a co-operative society which is an instrumentality of the State because of the deep and pervasive control of the State Government. However, no writ will lie against a co-operative society which is not an instrumentality of the State. Hence a writ will not He against every co-operative society but only against a co-operative society which is also an instrumentality of the State. In our opinion, Jeevan Beema Karmchari Grih Nirman Sahkari Samiti Limited, Kanpur, is not an instrumentality of the State because it has not been demonstrated that the State Government has a deep and pervasive control over it.
The petition is, therefore, dismissed.