Proposed Brahmgir Maharaj Machhali vs State of M.P. and Others

R.S. Jha Judge

Heard Shri Abhishek Arzaria, learned Counsel for the petitioner, on the question of admission and interim relief. The petitioner has filed this petition being aggrieved by orders dated 8.8.2012, 17.8.2012 and another order of the same date i.e. 17.8.2012 passed by the respondent no. 5 Dy. Commissioner, Co-operative Societies, Khandwa, wherein the request of the petitioner to issue ''no objection certificate'', to register the society and the objections for registering respondent no. 7 have been rejected.

It is submitted by the learned Counsel for the petitioner that the respondent no. 6 Assistant Director, Fisheries refused to give ''no objection certificate'' to the petitioner on the ground that he had to first obtain the same from the lessee of the tank concerned which is not required by the policy of the State. It is submitted that on account of refusal by the Assistant Director, Fisheries, the impugned orders have been passed by the Dy. Commissioner, Co-operative Societies, Khandwa refusing to register and grant ''no objection certificate'' to the petitioner which is not in accordance with law.

Having heard the learned Counsel for the petitioner, I am of the considered opinion that the matter is required to be examined by the respondent authorities keeping in mind the circulars, instructions and policy of the State Government issued from time to time and, therefore, the appropriate remedy of the petitioner is to approach the higher authority of respondent nos. 5 & 6 for mitigation of his grievance.

In the circumstances, the petition filed by the petitioner is disposed of with a direction to the effect that in case the petitioner does so within fifteen days alongwith a copy of the order passed today and a copy of the petition, the concerned authority shall examine the petitioner''s request/representation keeping in mind the policy, instructions and circulars of the State Government issued from time to time, expeditiously in accordance with law preferably within a period of two months thereafter. The respondent authorities would also consider the petitioner''s objections regarding appointment of fresh organizer.

It is made clear that this Court has not expressed any opinion on the merits of the case and therefore the authorities would be at liberty to examine the matter by taking into consideration all facts and facets and thereafter take a decision thereon by passing a reasoned order.

With the aforesaid direction the petition filed by the petitioner stands disposed of. C.C as per rules.