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2018 Supreme(Online)(MP) 1460

IN THE HIGH COURT OF MADHYA PRADESH
Subodh Abhyankar, J
Matsya Udyog Sahakari Samiti Maryadit v. State of Madhya Pradesh and Others
W. P. No. 5261 of 2016



The principles of natural justice are situational and must ensure substantial injury is assessed in each case.

Headnote:In the context of cooperative societies, the petitioner challenges the cancellation of its registration by the Joint Registrar, citing violation of natural justice principles and state policy favoring community preference. The court analyzed the lack of notice and opportunity afforded to the petitioner before cancellation but upheld the need for thorough examination by original authorities, citing previous case law relating to procedural fairness, concluding that the petition was dismissed with a mandate for proper consideration of both registration applications.

Table of Content
1. petitioner's registration cancellation without notice. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. response to cancellation and procedural fairness. (Para 7 , 8)
3. observations on natural justice and procedural compliance. (Para 9 , 10 , 11 , 12)
4. final ruling and directive for reconsideration. (Para 13)

1. In the present case, this petition has been filed by Matsya Udyog Sahakari Samiti Maryadit, District Chhatarpur against the order dated 18.1.2016 (Annexure P / 7) passed by the respondent No.3 / Joint Registrar, Cooperative Societies, Sagar Division, Sagar.

2. In brief the facts of the case are that the petitioner is challenging the order dated 18.1.2016 passed by the respondent No.3 whereby the registration of the petitioner - society as Matsya Udyog Sahakari Samiti Maryadit by the orders of respondent No.4 / Deputy Director, Cooperative Societies, Chhatarpur vide order dated 24.9.2015 has been cancelled.

3. The petitioner's contention is that the registration of the petitioner - society has been cancelled on an application filed by the respondent No.5 which is only a proposed society and it is further submitted that the impugned order has been passed without giving any notice and opportunity of hearing to the petitioner - society in gross violation of principles of natural justice.

4. The petitioner's case is that the State Government has formulated a policy for fish farming activities to be undertaken in the State of Madhya Pradesh and the provisions of registration of Cooperative Societies for the said purpose has been incorporated in the said policy. It is further provided that the persons belonging to Machhua community shall be given preference while registration of said Cooperative Societies.

5. The petitioner's contention is that there are 190 members in their society and an application for registration of the same was submitted on 2.2.2015 before the respondent No.4 / Deputy Director, Cooperative Societies, Chhatarpur who after being satisfied regarding the petitioner's credentials ordered for registration of the society vide order dated 24.9.2015. The petitioner's further case is that the respondent No.5 also applied for registration of society on 17.8.2015 and since the petitioner's application was filed on 2.2.2015 only, hence there was no occasion for the respondent No.4 Deputy Registrar to pass any order of registration on the application of the respondent No.5 which also relates to the same area. Since no orders were passed by the Deputy Registrar for registration of the respondent No.5 - Society, a revision was filed by the respondent No.5 before the respondent No.3 / Joint Registrar, Cooperative Societies, Sagar Division, Sagar challenging the registration of the petitioner - society. The respondent No.3 without issuing any notice to the petitioner has passed the order on 18.1.2016 cancelling the registration of the petitioner society and simultaneously ordered the respondent No.4 / Deputy Registrar, Cooperative Societies to decide the matter afresh by giving an opportunity of hearing to the respondent No.5 as also the petitioner.

6. The petitioner has assailed the aforesaid order dated 18.1.2016 on the ground that the order has been passed without even issuing notice to the petitioner - society and without affording an opportunity of hearing to them. It is further contended by the counsel for the petitioner that the registration of the petitioner - society was made in accordance with the policy of the State and as such it should not have been disturbed in the manner in which the respondent No.3 has done.

7. On the other hand, Shri Sankalp Kochar, learned counsel appearing on behalf of respondent No.5 has submitted that though the impugned order has been passed by the respondent No.3 without giving notice to the petitioner but in the aforesaid order also the Joint Registrar has remanded the matter back to the Deputy Registrar, who is the competent authority to decide the dispute regarding the registration o

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