Rahul Patel (Lodhi) vs The State Of Madhya Pradesh
2021 Latest Caselaw 8774 MP

                                                                        1                              WP-27526-2021
                                            The High Court Of Madhya Pradesh
                                                     WP No. 27526 of 2021
                                              (RAHUL PATEL (LODHI) Vs THE STATE OF MADHYA PRADESH AND OTHERS)


                                    Jabalpur, Dated : 14-12-2021
                                          Shri Brijendra Swaroop Sahu, learned counsel for the petitioner.

                                          Shri Amit Mishra, learned Panel Lawyer for the respondent/ State.

Petitioner's contention is that Shahkari Vipnan Sanstha Maryadit Narsinghpur had on 06.06.2018 procured 21.54 quintals of Gram (chana) at the minimum support price of Rs.4250/- per quintal and additional bonus of

Rs.150/- per quintal granted by the Central Government and, therefore, a sum of Rs.94,600/- is payable to him but same has not been paid till this date. He submits that a legal notice was served on the society on 23.09.2021 but it has not yielded any result, hence this writ petition.

Learned counsel for the petitioner has placed his reliance on judgment of a Co-ordinate Bench but fact of the matter is that a receipt is in the name of Rahul Lodhi whereas petitioner is Rahul Patel. Learned counsel for the petitioner fairly admits that even in Adhar Card name of the petitioner is mentioned as Rahul Patel and not as Rahul Lodhi. Therefore, prima facie

there is a doubt as to the identity of the petitioner and secondly there is efficacious alternate remedy as provided under Section 64 of the Co- operative Societies Act, 1960 where a factual dispute like identity of the petitioner can be adjudicated besides the claim of the petitioner and, therefore, this Court is of the opinion on both the grounds, petition is not maintainable and petitioner is relegated to avail such alternative statutory remedy as is provided under Section 64 of the Co-operative Societies Act.

(VIVEK AGARWAL) JUDGE

AT

Signature Not Verified SAN

Digitally signed by APARNA TIWARI Date: 2021.12.15 13:30:54 IST