KRISHAK BHARTI COOP LTD Vs. N K TANDON

JUDGEMENT

(1.) This appeal is directed against the impugned order dated 12.8.2002 passed by the learned Single Judge in WP(C) 1013/2002. By the said order, the learned Single Judge overruled the preliminary objections raised by the appellant herein to the maintainability of the writ petition filed by the respondent no.1 herein against it. Although the decisions two other learned Single Judges of this Court in R.K. Mishra and Ors v. Krishak Bharati Cooperative Limited [WP(C) 3035/1999] and in N.K. Aggarwal v. Union of India [WP(C) 189/1996] were cited before the learned Single Judge, it was nevertheless held that powers exercised by the High Court under Article 226 of the Constitution are far wider than the power which exercised under Article 32 of the Constitution by the Hon'ble Supreme Court. Reliance was placed in the impugned order on the judgment of the Hon'ble Supreme Court in U.P. State Cooperative Land Development Bank Limited v. Chandra Bhan Dubey (1999) 1 SCC 741. The learned Single Judge directed pleadings to be completed and directed the writ petition to be listed for hearing.

(2.) This appeal against the said impugned order dated 12.8.2002 was admitted on 27.9.2002. By an order dated 23.10.2002, the proceedings before the learned Single Judge were stayed.

(3.) By a detailed judgment pronounced today in LPA 291/2002 (N.K. Aggarwal v. Union of India), we have held that a writ petition under Article 226 is maintainable against Krishak Bharti Cooperative Limited. Accordingly the judgment of the learned Single Judge in that case, which followed the judgment in R.K. Mishra v. Krishak Bharati Coop. Ltd., has been set aside.