IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK AGARWAL th ON THE 4 OF JULY, 2024 WRIT PETITION No. 750 of 2022 (SANT RAVIDAS SWA SAHAVATA SAMOOH Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Appearance:

(PETITIONER BY SHRI DEVENDRA KUMAR TRIPATHI - ADVOCATE)

(STATE BY SHRI SUYASH THAKUR - GOVERNMENT ADVOCATE)

(PRIVATE RESPONDENT BY SHRI ANOOK KUMAR SAXENA - ADVOCATE)

ORDER

Cause title was amended by filing I.A. No.1135/2022 and this amendment application was allowed on 14.10.2022, it was incorporated on 28.10.2022, but thereafter file has not been scanned to update the amendment.

It is incumbent upon the Registry to have scanned the amended portion so to update e-file.

This petition is filed by one Sant Ravidas Swa Sahayata Samooh, Churwari, Block/Tehsil - Nowgong, District - Chhatarpur challenging the order passed by the Commissioner, Sagar Division, Sagar on 31.12.2021, Annexure P-1, whereby allotment of a pond for a purpose of fishing etc. has been cancelled.

Petitioner's contention is that said order is illegal and arbitrary. Drawing attention to Annexure P-4, it is submitted by Shri Devendra Kumar Tripathi that one Shri K.L. Vishwakarma, who was working as Administrator of Machhua Sahkari Samiti Maryadit, Churwari, had made a communication to the Chief Executive Officer, Janpand Panchayat, Nowgong, District Chhatarpur on 07.08.2019 saying that the financial condition of the society is not proper and, Signature Not Verified Signed by: MOHD TABISH therefore, their application for grant of lease of the pond be not considered. A prayer was made to cancel the application.

It is submitted that thereafter this matter was examined in detail and Deputy Registrar, Cooperative Societies, Chhatarpur had made a communication to the Chief Executive Officer, Janpad Panchat, Nowgong on the basis of some report of the enquiry officer K.L. Vishwakarma and had notified to the Chief Executive Officer, Janpad Panchayat, Nowgong that since the Machhua Sahkari Samiti Maryadit, Churwari is not having appropriate resources and are also not having a validly appointed Board of Directors, therefore, lease allotment be made in favour of eligible persons who had applied for the lease.

Thereafter, it is submitted that Additional Collector, Chhatarpur had passed an order on 21.08.2020 and without assailing that order which attained finality, the private respondent approached the Commissioner who had passed impugned order Annexure P-1.

Shri Anoop Kumar Saxena, learned counsel for the private respondent, in his turn, submits that he has filed necessary documents along with his return on behalf of respondent No.4 to point out that vide Annexure R-4/2, Shri K.L. Vishwakarma was appointed as an administrator of the society. This order was passed by the Deputy Registrar, Cooperative Societies, Chhatarpur.

Thereafter, it is pointed out that as per annexure R-4/3 policy in Clause

1.3, it is mentioned that Machhua Udhyog Sansthans' are to be given priority over other Swa Sahayata Samhoos'.

Thus, it is pointed out that the meeting of the members of the respondent no.4 society was called for under the leadership of the Administrator, Shri K.L. Vishwakarma, and a resolution was passed, as contained in Annexure R-4/6 on Signature Not Verified Signed by: MOHD TABISH

22.07.2019 authorizing Shri K.L. Vishwakarma to move an application for allotment of lease of Churwari Talab. This resolution was passed in the presence of the Administrator, K.L. Vishwakarma, as is seen and signatures are available on this document, Annexure R-4/6, but contrary to the resolution Shri K.L. Vishwakarma acted in an arbitrary and illegal manner and wrote letter Annexure R-4/9 that the financial condition of the society is not proper and therefore, their application be cancelled.

It is also pointed out that audit certificate is available on record and thus the plea taken by the Additional Collector that as per the auditor for last three years no audit of the respondent No.4 soc