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Patna High Court

Raju Kumar RayversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

A private sugar company does not come within the meaning of 'State' under Article 12, rendering the writ petition non‑maintainable.

Summary

The petitioner, Raju Kumar Ray, filed a writ petition in the Patna High Court seeking a direction for the respondents, including the State of Bihar and a private sugar company, to pay him Rs. 15,86,350 for services rendered as a transport and commission agent. The petitioner alleged that the private sugar company (Respondent No.5) had withheld the dues without justification. The Court examined whether the private company could be deemed a 'State' under Article 12 of the Constitution, which would make the writ jurisdiction appropriate. It held that the sugar company is a private entity and does not fall within the definition of State under Article 12. Consequently, the writ petition was deemed non‑maintainable, and the Court dismissed it, directing the petitioner to pursue his claim under ordinary civil law remedies.

Issues considered

  • Whether a private sugar company can be classified as a 'State' within the meaning of Article 12 of the Constitution for purposes of writ jurisdiction.

Subjects

  • writ jurisdiction
  • civil remedy
  • Article 12
  • private company
  • payment of dues
  • state action

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.16597 of 2025
                 ======================================================
                 Raju Kumar Ray, S/o Late Subh Narayan Ray, R/o Village Panchhor, Ward
                 No. 07, P.O. and P.S. Riga, District Sitamarhi.

                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through the Principal Secretary, Department of Industries,
                 Govt. of Bihar, Patna.
           2.    The Director of Industries, Bihar, Patna.
           3.    The District Magistrate, Sitamarhi.
           4.    The S.D.O., Riga, District Sitamarhi.
           5.    The Managing Director, Riga, Sugar Company Ltd., Village P.O. and P.S.
                 Riga, District Sitamarhi.
           6.    The Accounts Officer, Riga Sugar Company Ltd., 14, Netaji Subhas Road,
                 2nd Floor, Kolkata- 1.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :      Mr. Krishna Murari, Advocate.
                 For the Respondent/s    :      Mr. Standing Counsel (09).
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                    ORAL ORDER

2   20-01-2026                    Heard learned counsel for the parties.

                                 2. The present Writ Petition has been filed for the

                   following reliefs:-

                                                        “…...the petitioner craves
                                             indulgence of this Hon’ble Court for
                                             direction to the respondents for payment
                                             of the dues amount of Rs. 15,86,350/- to
                                             the petitioner who has worked as
                                             transport and commission agent under
                                             the Respondent No. 5 but the dues
                                             amount of the petitioner is not being paid
                                             without any justification.”
                                 3. A perusal of the relief sought for by the petitioner
           Patna High Court CWJC No.16597 of 2025(2) dt.20-01-2026
                                                      2/2




                     shows that the petitioner is claiming payment of the amount due

                     to him from the Respondent No. 5 which admittedly is a private

                     sugar company. The said private sugar company does not come

                     within the meaning of Article 12 (State). Therefore, the present

                     writ petition is not maintainable, the present writ petition is

                     dismissed leaving it open to the petitioner to avail the remedies

                     as available to him under the Civil Law.



                                                             (A. Abhishek Reddy, J)
shakir/-

U


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