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2021 Supreme(UK) 188

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Manoj Kumar Tiwari, J.
Kumaun Mandal Samooh Sahkarita, Indira Colony, Rudrapur - Appellant
Versus
State Of Uttarakhand & Ors. - Respondents
Writ Petition (M/S) No. 2363 of 2021
Decided On : 17-11-2021

Advocates Appeared:
Rahul Consul, Advocate, J.S. Bisht, Advocate

The court emphasized the importance of considering the petitioner's representation and making a decision in accordance with the law.

Headnote:

Cooperative Societies Act - Petitioner's Representation for Recognition as Self-Help Group - The court directed the District Magistrate to examine the petitioner's request for treating it as a self-help group and take appropriate decision within four months.

Fact of the Case:

The petitioner sought permission to participate in the supply of THR/micro nutrient fortified energy dense food to Aaganbadi centers, treating them equivalent to women self-help group. The petitioner was previously treated as a self-help group for the award of a contract but was not being treated as such anymore.

Finding of the Court:

The court disposed of the writ petition with a direction to the District Magistrate to examine the petitioner's request and take an appropriate decision within four months.

Issues: Recognition of petitioner as a self-help group for the supply of food to Aaganbadi centers.

Ratio Decidendi: The court emphasized the need for the District Magistrate to consider the petitioner's representation and make a decision in accordance with the law.

Final Decision: The writ petition was disposed of with a direction to the District Magistrate to examine the petitioner's request and take an appropriate decision within four months.

JUDGMENT

Manoj Kumar Tiwari, J. - This writ petition has been filed by Kumaun Mandal Samooh Sahkarita, Indira Colony, Rudrapur, District Udham Singh Nagar. According to the petitioner, it has been registered under provisions of Uttarakhand Self Reliant Cooperative Societies Act, 2003.

2. By means of this writ petition, petitioner has sought the following reliefs:-

    "I- To issue a writ, order or direction in the nature of mandamus commanding the respondent no. 4 to grant permission to the petitioner to participate in the of THR/micro nutrient fortified energy dense food to Aaganbadi centers in District Udham Singh Nagar treating them equivalent to women self help group.

    II. To issue a writ, order or direction in the nature of mandamus commanding the respondent no. 1 to 3 to permit the petitioner to participate in the supply of THR/micro nutrient fortified energy dense food to Aaganbadi centers in District Udham Singh Nagar treating them equivalent to women self help group.

    Or

    III. To issue a writ, order or direction in the nature of mandamus commanding the respondent no. 4 to decide the representation dated 22-09-2021 (annexed as Annexure no. 5 to this writ petition)."

    3. Learned counsel for the petitioner submits that in the year 2015-16 & 2016-17, petitioner was treated as a self-help group for award of contract for supply of intake home ration by the District Project Officer, Child Development, Udham Singh Nagar. Grievance of the petitioner is that now it is not being treated as self-help group of women.

    4. After arguing for a while, learned counsel for the petitioner confines his prayer and submits that petitioner has already made a representation to District Magistrate, Udham Singh Nagar on 22.09.2021, who may be directed to take decision thereupon.

    5. Learned Standing Counsel appearing for the State assures the Court that if petitioner's representation is pending, then the same shall be considered and disposed of as early as possible.

    6. Accordingly, the writ petition is disposed of with a direction to District Magistrate, Udham Singh Nagar to examine petitioner's request for treating it as a self-help group and take appropriate decision, in accordance with law, as early as possible, preferably within four months from the date of production of certified copy of this order.

    7. It is made clear that before passing any order, District Magistrate shall obtain comments from District Assistant Registrar, Cooperative Societies, Udham Singh Nagar and also from the concerned District Programme Officer/Child Development Project Officer.

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