The High Court dismissed a writ petition seeking revocation of an order restraining a cooperative society from participating in an auction. The court held the petition misconceived as the inquiry was pending and no negative parity should arise.
Petitioner's prayer for direction to revoke the restraint order was dismissed.
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Court No. - 34
Case :- WRIT - C No. - 18097 of 2020
Petitioner :- Matsya Jivi Sahkari Samiti Ltd. Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjeev Kumar Saxena Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Jayant Banerji,J.
Heard learned counsel for the petitioner and perused the record. Shri Santosh Kumar Mishra, learned counsel has put in appearance on behalf of the complainant.
Prayer in the present writ petition is for issuance of a direction to the respondent no.2, namely, Director of Fisheries, U.P. at Lucknow, to revoke the order dated 22.7.2019 whereby the petitioner's Society has been restrained from participating in the auction in view of pending inquiry against it under Section 65 of the Cooperative Societies Act.
The petitioner hereby had earlier filed a writ petition challenging the order dated 22.7.2019 before the Lucknow Bench of this Court, namely, Misc. Bench No.25181 of 2019, which was dismissed on 13.11.2019. The advertisement issued on 26.8.2019 was also subject matter of challenge therein.
It was, however, observed by the Court that if any inquiry was pending against the Society, it should be brought to its logical ends and a final order, if any, be passed therein.
In none of the paragraphs of the present writ petition, the petitioner has disclosed as to whether any final decision has been taken. Assertion in paragraph 15 of the writ petition is that one another Matsya Jivi Sahkari Samiti Chandanpur is allowed to participate in the auction in respect of Hamirpur district
though an inquiry under Sections 65 and 66 of the Cooperative Societies Act is pending against it.
The contention of the petitioner in paragraph 15 of the writ petition is found misconceived inasmuch as illegality, if any, committed by the concerned authority cannot be allowed to perpetuate and no negative parity can be given to the petitioner.
The writ petition is wholly misconceived and hence dismissed.
Order Date :- 10.11.2020 SK
3 issues framed by the court
Whether a direction should be issued to revoke an order restraining the petitioner from participating in an auction while an inquiry is pending.
Whether the petitioner can claim negative parity when another society allowed in a similar situation has an inquiry pending.
Whether the writ petition challenging the auction restraint is maintainable given the status of the inquiries.
Matsya Jivi Sahkari Samiti Ltd.
State Of U.P.
Director of Fisheries, U.P.
3 Others
Sunita Agarwal
Jayant Banerji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
