MANI RAJ SINGH Vs. OM PRAKASH

JUDGEMENT

(1.) In this contempt petition the petitioner has prayed that the contemnors be punished for disobedience of the order dated 21-12-1995, passed by this Court in Writ Petition No. 3825 of 1995, notice of which was served on 26-12-1995, 11-1-1996 etc.

(2.) Committee of Management of the Co operative Sugarcane Supply Society Ltd., Bareilly through its Chairman Sri Mani Raj Singh (petitioner No. 2) filed a Writ Petition No. 37852 of 1995 against four respondents, namely, State of Uttar Pradesh, through Joint Secretary, Sugar cane, U.P., Lucknow (respondent No. 1) Sugarcane Commissioner and Registrar, Co-operative Sugarcane Society, U.P., Lucknow (respondent No. 2), District Sugarcane Officer/Asstt. Registrar, Co-operative Sugarcane Society, Bareilly (respondent No. 3) and J.K.Sugar Industries, Sindhauli Road, Meerganj, Bareilly, through its General Manager (respondent No. 4). The petitioners prayed for the following:

(3.) The main allegations are that the petitioner No. 1 is a Co-operative Society, which is managed according to its bye laws. The petitioner No. 2 is the Chairman of the said Society. The Society consists of member of agriculturists, specially the sugarcane growers. The respondent No. 4 wrote a letter dated 11-3-1995 (Annexure 1) informing the petitioners Nos. 1 and 2 that in order to augment production of sugarcane, the respondent No. 4 has made arrangements for supply of seeds against which the subsidy would also be available. It also requested the petitioners to supply adequate quantity of sugarcane. On 28-4-1995, through a letter written by the petitioners, the petitioners assured adequate supply of sugarcane to the respondent No. 4. A similar engagement was received by the petitioners through a letter written by respondents. The petitioners assured respondents that required quantity of sugarcane would be supplied by them. Respondent No. 4, through its letter dated 27-4-1995 (Annexure 5) and issued sum of Rs. 25 lakhs to the society of the petitioners for distribution of the amount to the farmers and sugarcane growers, in order to encourage them to grow more production and help the respondent No. 4 in getting adequate quantity of sugarcane. Respondent No. 4 has also requested the petitioners to accept the membership of the respondent No. 4. Respondent No. 4 further requested on 25-7-1995 to the petitioners to enroll 275 members in its society to ensure proper supply of the sugarcane. Now the political equation has changed and members of the B.J.P.(Bhartiya Janata Party) have assumed Govt. in Lucknow. The M.Ps. and M.L.As. of the B.J.P.are trying to influence the decision of the respondents. Under their pressure, respondent No. 3, has passed the order for bifurcating the society into two. The petitioners, through their letter dated 12-7-1995 have requested the Chief Secretary, U.P.Lucknow to cancel the order of bifurcation dated 4-7-1995. The society of the petitioner is affiliated to the Distt. Co-operative Bank, Meerganj, Bareilly and the Bank gives loan and other facilities to the members through the society. If the alleged bifurcation as ordered by the respondent No. 2, is allowed to continue, the petitioners shall suffer immeasurable loss. The petitioners moved writ petition No. 21495 of 1995, which was disposed of by an order dated 8-8-1995 passed by the High Court observing that since an appeal lies to the State Govt. against any order passed by the respondent No. 2, hence the appeal should be filed. Then the petitioners moved the State Govt. in appeal. But under political pressure, they could not get any justice and the petitioners appeal was dismissed by the State Govt.