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1983 Supreme(All) 254

SATISH CHANDRA, K. C. AGRAWAL, K. N. SINGH
UMESH CHAND VINOD KUMAR – Appellant
Versus
KRISHI UTPADAN MANDI SAMITI – Respondent


Advocates Appeared:
B.D.Mandhyan, RAKESH DWIVEDI, S.P.GUPTA

SATISH CHANDRA, C. J.

( 1 ) A Division Bench of our Court has referred five questions of law to a larger Bench. The questions are-1. Whether an association of persons, registered or unregistered can maintain a petition under article 226 of the Constitution for the enforcement of the rights of its members as distinguished from the enforcement of its own rights?

( 2 ) WHETHER a single writ petition under Article 226 of the Constitution is maintainable on behalf of more than one petitioners, not connected with each other as partners or those who have no other legally subsisting jural relationship, where the questions of law and fact, Involved in the petition, are common?

( 3 ) IN case the answer to question No. 1 is in the affirmative, whether only one set of court-fees would be payable on such petition or each such individual petitioner has to pay court-fees separately?

( 4 ) IN case answer to question No. 1 is in the negative, whether the defect of misjoinder of several petitioners in the writ petition can be cured by requiring each such petitioner to pay separate court-fees?

( 5 ) WHETHER the petition is maintainable for questioning similar actions taken by different Mandi samitis inde















































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