KRISHIUPAJ MANDI SAMITHI Vs. KHANDELWAL RICE MILL

JUDGEMENT

(1.) Since both the civil revisions No. 10/2004 & 12/2004 filed on behalf of the Petitioner against the common order dated 3/1/2004 passed by 8th Additional District Judge, Durg in Civil Suit Nos. 6-B/2003 & 5-B/2003 are being disposed of by this common order.

(2.) By this civil revisions Petitioner has challenged the legality and propriety of the order dated 3/1/2004 passed by 8th Additional District Judge, Durg in Civil Suit Nos. 6-B/2003 & 5-B/2003 on common question of law involved in suit relating to maintainability of the suit against the Petitioner i.e. Krishi Upaj Mandi Samithi, in terms of Sections 66 & 67 of the Chhattisgarh Krishi Upaj Mandi Adhiniyam, 1972 (in short 'Adhiniyam 1972').

(3.) As per the case of the parties Petitioner had issued different notices to Respondent No. 1 which he replied thereafter after serving the notice under Section 67 of the Adhiniyam 1972, Respondent No. 1 has filed civil suit against the Petitioner for declaration of recovery null and void and for return of money so recovered. Present Petitioner has contested the case and objected that in the light of Sections 19 (4), 34 (4) & 66 & 67 of the Adhiniyam 1972, suit filed on behalf of the Respondent No. 1 is not maintainable. Preliminary issues No. 3, 5 & 6 were framed and after providing an opportunity of hearing to the parties learned Court below has rejected the objections of the Petitioner.