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MANISH PITALE
Prahaladrao Tryambak Deshmukh – Appellant
Versus
Divisional Joint Registrar, Co-operative Societies – Respondent
JUDGMENT
1. By this writ petition, the original petitioner has challenged order dtd. 30/12/2019 passed by the Divisional Joint Registrar, Cooperative Societies, Amravati i.e. the revisional authority, whereby a revision application filed by respondent Nos.4 to 44 was allowed and an order passed by the District Deputy Registrar allowing the complaint of the original petitioner was set aside.
2. During pendency of the writ petition, the original petitioner expired and an application has been moved by his son, seeking permission to be substituted in place of the original petitioner. This application is opposed by the respondents, on the ground that according to the respondents, even the original petitioner did not have any locus standi to initiate proceedings before the District Deputy Registrar and his son could certainly not be said to be a person entitled to be brought on record either as legal representative of the original petitioner or a person having locus to pursue the present writ petition.
3. The facts, in brief, leading to filing of the writ petition are that on 11/01/2018, the original petitioner preferred a complaint before the District Deputy Registrar of Cooperative Soci
Locus standi of the petitioner and the interpretation of statutory provisions were central to the court's decision.
The subsequent allottee has the right to hold the shop only if the original licensee's license is cancelled. Procedural compliance and consideration of documentary evidence over oral statements are c....
The appellant/petitioner authority must establish locus standi by demonstrating that the subject land was part of the land transferred to them by the State to challenge the allotment and mutation.
The main legal point established in the judgment is that a petitioner must have a legal right and locus standi to challenge an order under the statutory provisions, and a mere interest in the outcome....
Point of Law - The principle to be applied is that there must be a injuria sine damnum and not the damnum sine injuria for taking a legal action and a legal recourse. A damage suffered has to be coup....
The scope of an enquiry directed by a court cannot be exceeded by the authority conducting the enquiry. The authority must properly consider all relevant documents and evidence before passing an orde....
The court confirmed that allotment prioritization must adhere to established criteria, emphasizing the necessity to follow judicial directions in administrative decisions regarding fair price shop al....
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