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1990 Supreme(Ker) 117

SREEDHARAN
Prabhakaran – Appellant
Versus
Registrar of Co-op. Societies – Respondent


Judgment :-

Petitioner is a dealer in Pump sets, Sprayers and other agro machineries. 2nd respondent, Regional Agro Industrial Co-operative Limited (RAIDCO) is also dealing in agricultural machineries like the petitioner. First respondent, the Registrar of Cooperative Societies, by Ext.P2 Circular No.18/89 dated 30-2-1989, directed all Land Development Banks, District Co-operative Banks and Service Co-operative Banks in the State to patronise RAIDCO in preference to private dealers. By this circular, according to the petitioner, agriculturists who are granted agricultural loans as per the Scheme evolved by NABARD (National Bank for Agriculture and Rural Development) are required to purchase agro machineries manufactured and marketed through 2nd respondent. It is thus interfering with his fundamental rights to carry on business guaranteed under Article 19(1)(g) of the Constitution. It is also contended that first respondent by Ext.P2 illegally preferred 2nd respondent to private dealers in agro machineries outside co-operative sector and consequently violates the provisions contained in Article 14 of the Constitution. Yet another argument advanced by the learned counsel representing













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