Balbir Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 12816 MP

                                                                        1
                                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                                  AT JABALPUR
                                                                       BEFORE
                                                         HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                             ON THE 23rd OF SEPTEMBER, 2022

                                                          WRIT PETITION No. 16228 of 2022

                                                BETWEEN:-
                                                BALBIR SINGH S/O LATE BAGHEL SINGH, AGED
                                                ABOUT    67   YEARS, OCCUPATION: RETD.
                                                OFFICER BHILAI C/O GURCHARAN SINGH
                                                HOUSE NO. 32C NAYAGAON CO OPERATIVE
                                                HOUSING SOCIETY NAYAGAON JABALPUR
                                                (MADHYA PRADESH)

                                                                                                   .....PETITIONER
                                                (BY SHRI GIRISH SHRIVASTAVA - ADVOCATE)

                                                AND
                                        1.      THE STATE OF MADHYA PRADESH THROUGH
                                                COLLECTOR JABALPUR (MADHYA PRADESH)

                                        2.      DEPUTY REGISTRAR M.P. CO OPERATIVE
                                                SOCIETY WRIGHT TOWN JABALPUR (MADHYA
                                                PRADESH)

                                        3.      NAYAGAON CO OPERATIVE HOUSING SOCIETY
                                                LTD . THROUGH ITS PRESIDENT SHRI RAJAT
                                                BHARGAV AGED ABOUT 49 YEARS S/O LATE
                                                SHRI    SUNIL  BHARGAV R/O NAYAGAON
                                                JABALPUR (MADHYA PRADESH)

                                                                                                .....RESPONDENTS
                                                (MS. SWATI ASEEM GEORGE - PANEL LAWYER FOR
                                                RESPONDENTS NO. 1 AND 2 AND SHRI KUNAL THAKRE -
                                                ADVOCATE FOR THE RESPONDENT NO.3)



                                              This petition coming on for admission this day, th e court passed the
                                        following:
Signature Not Verified
  SAN




Digitally signed by ASHWANI PRAJAPATI
Date: 2022.09.23 19:36:19 IST
                                                                         ORDER

Petitioner's grievance is that on account of inaction on the part of

respondent No.2 in not deciding the grievance of the petitioner raised qua respondent No.3, who is playing tricks with the petitioner and is not giving his due in the form of plot to which he is entitled and which was originally allotted to him in the year 2009, but possession of which was not given by adopting dubious tactics.

2. Shri Kunal Thakre, opposes all contentions raised by the petitioner and submits that he has raised objection with regard to maintainability of this writ petition and in the light of Full Bench judgment of this High Court in Dinesh Kumar Sharma Vs. M.P. Dugdh Mahasangh Sahkari Maryadit and another, it is held that a writ against the Society will not be maintainable as it is not an

authority under Article 12 of the Constitution of India or not issue is that matter is already pending before the Deputy Registrar Cooperative Societies, Jabalpur.

3. Shri Girish Shrivastava, submits that some person comes from out side to hold a link Court, he is not taking up the matter. Registrar Cooperative Societies and Dy. Registrar Cooperative Societies Jabalpur, are directed to take up the matter of the petitioner on priority and decide it within a period of three months on its own merits, after affording opportunity of hearing to the opposite party, but not affording any undue adjournment to the opposite party, within three months from the date of receipt of this order. This Court has not expressed any opinion on the merits of the case.

Certified copy today.

Signature Not Verified (VIVEK AGARWAL) SAN JUDGE A.Praj.

Digitally signed by ASHWANI PRAJAPATI Date: 2022.09.23 19:36:19 IST