Court No. - 24 Case :- MISC. SINGLE No. - 3063 of 2010 Petitioner :- Pashu Shav Upyog Audogik Utpadan Sahkari Samiti Ltd.. Respondent :- Appellate Authority /Joint Secy.And Others Petitioner Counsel :- Rakesh Kumar Respondent Counsel :- C.S.C.,B.L.Verma,Firoz Ahmad Khan,R.N.Pandey Hon'ble Rajiv Sharma,J.
Heard learned Counsel for the parties.
This petition is directed against the order dated 25.2.2010 passed by the
opposite party No.1/Appellate Authority.
Learned Counsel for the petitioner submits that the petitioner’s Society
is duly registered Industrial Cooperative Society. The Registry/opposite
party No.2 vide order dated 21.12.2009 has amended the area of
operation of four Societies. The opposite party No.2 was given three
Nyay Panchayats while petitioner was given only two Nyay Panchayats.
Thereafter, recommendation was made that the licence for Nyay
Panchayats Saraitaha and Firozpur Magdoomi of Block Rudauli be
granted to the petitioner’s Society. Earlier, the opposite party No.4
preferred Writ Petition No. 7730 (MB) of 2008 in which it was directed
that the area of operation of petitioner’s Society shall not be reduced.
Subsequently, the Registrar fixed 21.12.2008 and 26.12.2008 for
personal hearing and for filing objections, but the opposite party No.4
deliberately and intentionally did not appear and as such, the Registrar
has divided the area of operation according to the map prepared on
block level which forms compact area. The only ground for passing the
impugned order is that the opposite party No.4 was not granted proper
opportunity.
Petitioner’s Counsel submits that instead of remanding the matter to the
Registrar for deciding afresh, the appeal was decided without
considering the issues raised by the petitioner and the impugned order
has been passed.
At this stage, petitioner’s Counsel prays that interest of justice would
suffice, if the matter is remanded to the Registrar/opposite party No.2 for
deciding the matter afresh, to which learned Counsel for the opposite
party No.4 has no objection.
Accordingly, the writ petition is allowed and the impugned order dated
25.2.2010 is quashed. The matter is remanded to the Registrar for
deciding the matter afresh, in accordance with law, after hearing both
the parties, within a period two months from the date of presentation of
a certified copy of this order.
Order Date :- 19.7.2010
lakshman