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M. S. SONAK, JITENDRA JAIN
Bhiku Anna Tambe – Appellant
Versus
Ganpat Anna Tambe – Respondent
JUDGMENT :
(M.S. Sonak J.) :
1. Heard learned counsel for the parties.
2. Rule. The Rule is made returnable immediately at the request of and with the consent of the learned counsel for the parties.
3. The challenge in this Petition is to the portion of the Lokayukta’s order dated 6 December 2019 to the extent it directs Shree Someshwar Sahakari Sakhar Karkhana Ltd. (Respondent No.2) not to pay price towards the supply of sugarcane to Bhiku Anna Tambe and Laxman Anna Tambe (Petitioners) and instead, to pay this amount to Ganpat Anna Tambe (Respondent No.1).
4. The record shows that the Petitioners, Bhiku Tambe and Laxman Tambe, are the brothers of Respondent No.1, Ganpat Tambe. They are involved in a pending dispute regarding inheritance, etc. This dispute, inter alia, concerns property bearing Gat Nos. 235, 272, and 209 at Jeur, Taluka Purandar, and District Pune (“said property”).
5. At one stage, Respondent No.2-Co-operative Society passed a Resolution not to accept sugarcane from either the Petitioners or Respondent No.1 on account of their inter se disputes. The Petitioners raised Dispute No.102 of 2017 before the Co-operative Court to challenge such a Resolution.
6. The Co-operative
Important Point : The Lokayukta lacks jurisdiction to resolve civil disputes already pending before other courts, and must adhere to principles of natural justice.
Violation of natural justice occurs when parties are not afforded an opportunity to present their case, leading to the annulment of the inquiry report.
The Lok Ayukta lacks jurisdiction to issue binding orders in civil disputes, reaffirming that its role is limited to making recommendations.
The main legal point established is that the procedure for redressal of grievances under the Jharkhand Lokayukta Act, 2001, can only be followed by the Lokayukta, and the court cannot entertain such ....
Clause (c) of Section 8(1) of 2nd schedule to Act excludes from jurisdiction of Lok Ayukta, cases of contracts having commercial relations.
The central legal point established in the judgment is the requirement for adherence to the principles of natural justice before passing any adverse orders by the authorities.
The Lokayukta is a necessary party in proceedings under the Meghalaya Lokayukta Act, 2014, affirming its quasi-judicial role.
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