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2022 Supreme(MP) 359
IN THE HIGH COURT OF MADHYA PRADESH
G.S. Ahluwalia, J.
Beej Utpadak Sahkari Sansthan Maryadit Gohad, District Bhind and others v. State of M.P. and others
Writ Petition No. 24352 of 2022 (Gwalior); Decided on 2.11.2022
S.K. Sharma and Krishna Kartikey Sharma for petitioners.
Headnote:
¼1½ lgdkjh l¨lkbVh vfèkfu;e] 1960 ¼e-ç-½ && èkkjk 9 && Òkjr dk lafoèkku && vuq- 19¼1½ ¼N½] 19 ¼1½ ¼x½ rFkk 19 ¼6½ && jftLVªhÑr lgdkjh l¨lkbfV;k¡ Ñ"kd lnL;¨a d¨ moZjd foØ; dj jgha && moZjdksa ,oa jSdksa dh deh && lgdkjh lfefr;¨a d¨ moZjd dk çnk; çfrcafèkr fd;k x;k && funsf'kr fd;k x;k fd moZjd foi.ku lfefr;¨a ,oa foi.ku laÄ }kjk udn forfjr fd, tk,¡xs && vfHkfu/kkZfjr && Ñ"kd¨a dk fgr t¨f[ke esa ugÈ Mkyk x;k && mUgsa moZjd ls oafpr ugÈ fd;k x;k && çfrcaèk dk vfèkj¨i.k vuqPNsn 19¼1½ ¼N½ rFkk 19¼1½ ¼x½ dk vfrØe.k ugÈ && vuqPNsn 19¼6½ d¢ vkyksd esa] çfrcaèk Ñ"kd¨a d¨ moZjdksa dk fufoZ?u çnk; fofu;fer djus ds fy, gS && v;qfä;qä ughaA ¼2016½ 7 ,l lh lh 353] ¼2016½ 7 ,l lh lh 703] ¼2018½ 4 ,l lh lh 372 rFkk ¼2020½ 8 ,l lh lh 705 vuqlfjrA ¼iSjk 7 ls 12
¼2½ Òkjr dk lafoèkku && vuq- 14 rFkk 19¼6½ && foÒsn && ;kph jftLVªhÑr lgdkjh l¨lkbfV;k¡ Ñ"kd lnL;¨a d¨ moZjd foØ; dj jgha && moZjdksa ,oa jSdksa dh deh && lgdkjh lfefr;¨a d¨ moZjd dk çnk; çfrcafèkr fd;k x;k &&funsf'kr fd;k x;k fd moZjd foi.ku lfefr;¨a ,oa foi.ku laÄ }kjk udn forfjr fd, tk,¡xs && vfHkfu/kkZfjr && ;kphx.k dk i{kdFku ugÈ fd vU; lgdkjh l¨lkbfV;¨a d¨ moZjd çnk; fd;k tk jgk gS ,oa d¢oy ;kph l¨lkbfV;¨a d¨ oafpr fd;k x;k gS && ;kph l¨lkbfV;k¡ ,oa leku çÑfr dh vU; l¨lkbfV;k¡ ,d i`Fkd~ oxZ xfBr djrh gSa && i`Fkd~ ,oa fÒUu oxZ dh l¨lkbfV;¨a d¢ e/; d¨Ã foÒsn ugÈ gksrkA ¼2003½ 6 ,l lh lh 611 vuqlfjrA ¼iSjk 11 ,oa 12
¼3½ Òkjr dk lafoèkku && vuq- 226 && O;kfIr && ;kfpdk dk xzg.k && d¨Ã Òh ;g nkok ugÈ dj ldrk fd mldh ;kfpdk vfèkdkj Lo:i xzg.k dh tkuk pkfg,A ¼iSjk 13
(1) Cooperative Societies Act, 1960 (M.P.) -- S. 9 -- Constitution of India -- Arts. 19 (1) (g), 19 (1) (c) and 19 (6) -- registered cooperative societies selling fertilizers to farmer members -- lack of fertilizers and racks -- supply of fertilizers to cooperative societies restricted -- directed that fertilizers shall be distributed on cash by vipanan societies and vipanan sangh -- held -- interest of farmers has not been put in jeopardy -- they have not been denied fertilizers -- imposition of restriction is not violation of Articles 19 (1) (g) and 19 (1) (c) -- in light of Article 19 (6), restriction is in order to regulate smooth supply of fertilizers to farmers -- not unreasonable.(2016) 7 SCC 353, (2016) 7 SCC 703, (2018) 4 SCC 372 and (2020) 8 SCC 705 followed. [Paras 7 to 12
(2) Constitution of India -- Arts. 14 and 19 (6) -- discrimination -- petitioner registered cooperative societies selling fertilizers to farmer members -- lack of fertilizers and racks -- supply of fertilizers to cooperative societies restricted -- directed that fertilizers shall be distributed on cash by vipanan societies and vipanan sangh -- held -- not the case of petitioners that other cooperative societies are being supplied fertilizers and only petitioner societies have been deprived -- petitioner societies and other societies of similar nature form separate class -- there is no discrimination amongst societies of separate and distinct class. (2003) 6 SCC 611 followed. [Paras 11 & 12
(3) Constitution of India -- Art. 226 -- scope -- admission of petition -- no one can claim that his petition should be admitted as matter of right. [Para 13
ORDER
1. This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs:-
“(i) That, the impugned order Annexure P/1 be held to be declared illegal and arbitrary and be quashed and the system of procurement and distribution as existing prior to the order be allowed to continue.
(ii) That, any other relief which this Hon'ble High Court may deem fit including cost of the petition.”
2. It is submitted by the counsel for the petitioners that the petitioners are the registered cooperative societies, which are functioning in the rural area for the benefit of its members, who are mostly farmers and agricultural dependent persons. The respondent No.1 in order to achieve the object of cooperation movement has empowered the societies to engage in the business of selling fertilizers in wholesale / retail for industrial use by issuing Form “O” to the societies and the said Form “O” were also issued to the petitioners societies. By the impugned order dated 30.6.2022 the respondent No.2 has stopped supply of fertilizers to the petitioners societies. Although petitioners have approached the respondent No.2, but no action has been taken and thus, this petition has been filed on the ground that stoppage of supply of the fertilizers to the cooperative societies amounts to discrimination. It is further submitted that it is beyond understanding that how the situation of shortage of fertilizers can be dealt with by stopping supply of fertilizers to the cooperative societies ? On the contrary the respondents should have increased the centers of distribution and should not have monopolized the distribution of fertilizers through Pacs, Vipanan Societies and Vipanan Sangh. It is further submitted that the impugned order is unsustainable because of the fact that the basic purpose of the Government behind passing the impugned order is to maintain the ratio of 70 : 30 which is violative of Article 19 (1) (g) and 19 (1) (c) of the Constitution of India. Stoppage of supply of fertilizers to the petitioners societies has resulted in loss to the farmer members.
3. During the course of arguments a specific question was put to the counsel for the petitioners with regard to the reasons for issuance of the impugned order dated 30.6.2022. It is mentioned in the impugned order that because of lack of availability of racks and fertilizers, the supply of fertilizers is getting affected. Lot of cooperative societies have been issued Form “O”, which are distributing fertilizers, as as result, the predecided ratio of 70 : 30, i.e. the Government and private sector, is getting adversely affected and accordingly, it was directed that the fertilizers shall be distributed through Pacs, Vipanan Societies and Vipanan Sangh on cash basis and the fertilizers shall not be supplied to any other society or institution. The counsel for the petitioners was specifically asked as to whether the reasons of lack of availability of racks and fertilizers have been challenged or not? It is submitted by the counsel for the petitioners that the reasons assigned in the impugned order dated 30.6.2022 are correct and in this petition they have not challenged the same.
4. Under these circumstances, where the petitioners have not challenged the reasons for passing the impugned order, then the only question which remains to be decided is “as to whether the restriction imposed by the impugned order on supply of fertilizers to the cooperative societies can be said to be reasonable restriction or not?”
5. When the counsel for the petitioner was directed to argue on the question “as to whether the fundamental right as enshrined under Article 19 (1) (g) of the Constitution of India is absolute in nature or not and whether the reasonable restrictions can be imposed in the light of Article 19 (6) of the Constitution of India or not”, then it is submitted by the counsel for the petitioners that although he has not taken this stand specifically in the writ petitio
