High CourtsSingle Bench(2018) 02 UK CK 0031

New Arban Agro Multi State Co-operative Society Limited vs State of Uttarakhand & others

Uttarakhand High Court · Decided on 21 February 2018

HON’BLE JUDGES
Sudhanshu Dhulia
CASE NUMBER
444 of 2018

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Judgment

17 paragraphs · 360 words
1.

The petitioner claims to be a Multi -State Co-operative Society, which inter alia, is engaged in various activities, including seed development.

2.

Admittedly, the petitioner has not done any activity relating to agriculture or seed development in the State of Uttarakhand, for which the

Cooperative Society has been formed. For what reason then petitioner calls itself a Multi-State Co-operative Society, is not clear.

3.

The petitioner initially wanted 200 acres of land to be allotted to it and had earlier filed a writ petition before this Court being WPMS No. 2351

of 2017 claiming benefit relying upon Article 43B of the Constitution of India saying that the State shall always endeavour to promote voluntary

formation, autonomous functioning, democratic control and professional management of co-operative societies.

4.

In what way the said Article comes to the rescue of the petitioner was also not clear. In any case, the writ petition was dismissed in limine vide

order dated 19.09.2017. Against this order, the petitioner preferred a special appeal before the Division Bench of this Court which was also

dismissed.

5.

Now again, by and large, for the same relief, the petitioner has filed the second writ petition before this Court. Though, this time very

ingeniously, the petitioner says that vast area of land is lying vacant in the State of Uttarakhand which can easily be given to the petitioner on

minimum government rates. The representation to this effect was filed by the petitioner before the respondent authorities on 12.01.2018.

6.

Not only, this writ petition is premature but it is also by and large for the same relief as was sought in the earlier writ petition. The earlier writ

petition filed by the petitioner was dismissed by this Court as well as by the Division Bench of this Court in special appeal.

7.

The present writ petition is nothing less than an abuse of the process of Court. Therefore, the writ petition is dismissed in limine with a cost of

Rs.50,000/- which shall be deposited by the petitioner in the Registry of this Court promptly within 15 days from today or else the Registrar

General shall take appropriate measures in law.