Bajrang Prathmik Sahkari ... vs The State Of Madhya Pradesh
2021 Latest Caselaw 4535 MP

                                                         1                              WP-12165-2021
                              The High Court Of Madhya Pradesh
                                         WP-12165-2021
                      (BAJRANG PRATHMIK SAHKARI UPBHOKTA BHANDAR, MYDT, GHUWARA Vs THE STATE OF MADHYA
                                                    PRADESH AND OTHERS)

                      4
                      Jabalpur, Dated : 23-08-2021
                             Heard through Video Conferencing.
                             Shri Anil Lala, learned counsel for the petitioner.
                             Shri V.S. Choudhary, learned PL for the respondents/State.

Petitioner has filed this petition challenging orer dated 28.01.2021 and

22.03.2021 contained in Annexure P/3 and P/5 respectively.

By impugned order 22.03.2021, Collector has dismissed the appeal preferred by the petitioner on the ground that necessary party i.e. the society which has been given the fair price shop after attachment, has not been impleaded as a party.

Counsel appearing for the petitioner submitted that impugned order is illegal and the society which is running the shop after attachment is not a necessary party. He relied on judgment passed by Apex Court reported in (2016) 2 SCC 779, Poonam vs State of U.P. and others.

Learned Panel Lawyer appearing for the State has gone through the judgment and has made submission that society, which is running the shop after attachment, is not a necessary party.

Heard the counsel for the parties.

Considering the aforesaid facts and circumstances of the case, impugned order dated 22.03.2021 passed by Collector, Chhatarpur is set aside. Respondent No.2-Collector Chhatarpur is directed to consider the appeal filed by petitioner and also consider its application for stay. Application for stay, which is filed by the petitioner, shall be considered by the Collector within a period of 15 days from the date of receipt of copy of order passed today.

With aforesaid direction, writ petition filed by the petitioner is disposed Signature Not SAN Verified off.

Digitally signed by VINOD KUMAR TIWARI Date: 2021.08.23 18:20:44 IST 2 WP-12165-2021 C.C. as per rules.

                                                     (VISHAL DHAGAT)
                                                          JUDGE


                      vkt




Signature
 SAN      Not
Verified

Digitally signed by
VINOD KUMAR
TIWARI
Date: 2021.08.23
18:20:44 IST