High CourtsSingle Bench(2022) 07 MP CK 0074

Shivdayal Shandilya vs State Of Madhya Pradesh And Others

Madhya Pradesh High Court · Decided on 22 July 2022

HON’BLE JUDGES
Milind Ramesh Phadke, J
CASE NUMBER
Writ Petition No. 16853 Of 2022

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Judgment

6 paragraphs · 169 words

Milind Ramesh Phadke, J

Heard on the question of admission and interim relief.

Issue notice to the respondents on payment of process fee within three working days by RAD as well as ordinary mode, returnable within four weeks.

It has been argued by learned counsel for the petitioner that the order dated 5.7.2022 Annexure P/1 whereby, the petitioner society has been superseded and one S.N.Bareliya Audit Officer Cooperative Society, Morena has been appointed as Administrator, by invoking provisions of Section 53 (2) of the M.P. Co-operative Society Act, 1960, has been passed without following principles of natural justice in so far as, no show cause notice was issued to the petitioner society nor any reasonable opportunity of hearing was afforded. Therefore, the order deserves to be stayed.

Upon hearing counsel for the petitioner and looking to the provisions of Section 53 of the M.P. Cooperative Society Act, 1960 till next date of hearing, operation of the impugned order annexure P/1 dated 5.7.2022 is hereby stayed.

CC as per rules.