Shyama Prasad Mukerjee Matsya ... vs M.P. State Cooperative Tribunal ...
2023 Latest Caselaw 679 MP

                                                        1
                           IN    THE     HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                    BEFORE
                                      HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                            ON THE 11 th OF JANUARY, 2023
                                           WRIT PETITION No. 15755 of 2019

                          BETWEEN:-
                          SHYAMA PRASAD MUKERJEE MATSYA UDHYOG
                          COOPERATIVE SOCIETY LTD. THR ITS PRESIDENT
                          LAXMAN DHEEMAR S/O SHRI DHYANI DHEEMAR A/A
                          OCC. FISH BUSINESS R/O. GANESH NAGAR VILL.
                          PANCHAYAT NANHI TEHARI (REG. NO. 1270)
                          TIKAMGARH (MADHYA PRADESH)

                                                                                .....PETITIONER
                          (BY SHRI SANJAY K.PATEL, ADVOCATE)

                          AND
                          1.    M.P. STATE COOPERATIVE TRIBUNAL BHOPAL /
                                DISTT. BHOPAL (MADHYA PRADESH)

                          2.    REGISTRAR COOPERATIVE       SOCIETY BHOPAL
                                (MADHYA PRADESH)

                          3.    C O L L E C T O R T I K A M G A R H TIKAMGARH
                                (MADHYA PRADESH)

                          4.    CHIEF EXECUTIVE OFFICER JILA PANCHAYAT
                                TIKAM GAR H JILA PANCHAYAT TIKAMGARH
                                (MADHYA PRADESH)

                          5.    DEPUTY REGISTRAR COOPERATIVE SOCIETY
                                TIKAMGARH (MADHYA PRADESH)

                          6.    SARPANCHA TIKAMGARH GRAM PANCHAYAT
                                NANI TEHARI JANPAD PANCHAYAT TIKAMGARH
                                (MADHYA PRADESH)

                          7.    THROUGH PRESIDENT KADORE S/O DARUBA JAI
                                AMBEY MASTYA UDHYOG COOPERTIVE SOCIETY
                                LTD MADRAKHA GRAM PANCHAYAT NANHI
                                TEHARI THROUGH VILLAGE PANCHAYAT NANHI
                                TEHARI MADRAKHA TIKAMGARH (MADHYA
Signature Not Verified
                                PRADESH)
Signed by: NEETI TIWARI
Signing time: 1/13/2023
10:39:32 AM
                                                               2

                                                                                       .....RESPONDENTS
                          (BY SHRI SUDEEP CHATERJEE, GOVT. ADVOCATE &]
                          SHRI ANKIT SAXENA, ADVOCATE FOR RES.NO.6)

                                This petition coming on for admission this day, th e court passed the
                          following:
                                                               ORDER

1. Petitioner has filed this writ petition under Article 226 of Constitution of India challenging order dated 11.04.2019 & 09.04.2018.

2. Counsel appearing for Objector has raised a specific objection that writ petition under Article 226 of Constitution of India is not maintainable for issuing writ of Certiorari/mandamus against an order passed by Cooperative

Tribunal.

3. Counsel appearing for petitioner argued that writ petition is maintainable. He placed reliance on judgment reported in AIR 1976 MP 152- Ramswaroop Gupta Vs. State of MP (also available online at site of Indian Kanoon). Further reliance is placed in W.P.No.20757/2017 M/s New Balaji Chemist Vs. Indian Red Cross Society. It is argued that in case of Ramswaroop Gupta (supra), it is held that writ petition under Article 226 of Constitution of India was maintainable as it was held that society is statutory body and public duty is imposed upon it and enforcement is being sought under Article 226 of Constitution of India, therefore, writ of mandamus is maintainable. In case of New Balaji Chemist Vs. Indian Red Cross Society (supra), again writ petition is held to be maintainable against Indian Red Cross Society. In strength of aforesaid judgments, counsel appearing for petitioner submitted that writ petition filed by him is maintainable.

4. Heard learned counsel for parties.

Signature Not Verified Signed by: NEETI TIWARI Signing time: 1/13/2023 10:39:32 AM

5. Issuing writ of Certiorari/mandamus under Article 226 of Constitution of India is an exercise of original jurisdiction by the High Court. High Court has supervisory jurisdiction under Article 227 of Constitution of India, which is neither original nor appellate jurisdiction but same is administrative and judicial superintendence. Power under Article 226 of Constitution of India is exercised, when there is violation of fundamental rights or other statutory rights, whereas power under Section 227 is exercised for correction of jurisdictional errors. Petitioner has challenged the order of tribunal passed in appeal, therefore, petitioner wants this Court to exercise supervisory jurisdiction for correction of jurisdictional error and quash said order. Petitioner ought to have filed a petition under Article 227 of Constitution of India and not under Article 226 of Constitution of India.

6. In view of same, writ petition filed by petitioner under Article 226 of Constitution of India is dismissed. Petitioner is at liberty to challenge the order impugned in a petition under Article 227 of Constitution of India.

(VISHAL DHAGAT) JUDGE nd

Signature Not Verified Signed by: NEETI TIWARI Signing time: 1/13/2023 10:39:32 AM