ASHABHIL ADIVASI CO-OPERATIVE SOCIETY LIMITED (PROPOSED) Vs. COMPETENT AUTHORITY AND ADDITIONAL COLLECTOR, URBAN LAND CEILING

JUDGEMENT

(1.) FROM the facts, it would appear that the petitioner, Shri Ashabhil Adivasi Cooperative Society Limited (Proposed), made some representation to the Government for allotment of land so that the Members of the proposed society may have some place to build their dream house. It appears that certain lands were allotted, but, later on, the order was cancelled. It also appears that in the meanwhile, sub -plots were made on the allotted land and the Government issued some Sanads in favour of some persons after receiving the money. It appears that under the said Sanad, certain rights were conferred upon such allottee. The present petitioner, claiming itself to be a Cooperative Society Limited, has filed the present Writ Application. I had asked the learned Counsel for the petitioner that how the petition at the instance of an unregistered cooperative society would be maintainable, especially, when no office -bearers of such society has come forward to represent the society. I had clearly observed that neither the name of the President of the Society nor the name of the Secretary of the Society is shown in the cause title of the matter.

(2.) THE petitioner is not registered under the Registration of the Societies Act or Cooperative Societies Act. It is not a registered partnership firm or a registered Company or a Corporation. Under the circumstances, the petitioner at the best can be taken to be a group of persons. A group of persons, unrepresented by anybody, cannot file a Writ Petition under Article 226 of the Constitution of India.

(3.) SHRI D.N. Vakil, learned Counsel for the petitioner, placing his strong reliance upon a judgement of the Full Bench of the Allahabad High Court in the matter of Umesh Chand Vinod Kumar and Ors. vs. Krishi Utpadan Mandi Samiti, Bharthana, and Anr., [AIR 1984 SC 46], submits that an unregistered body can maintain a writ application before the High Court under certain circumstances. I have gone through the said judgement.