SOHAN SINGH Vs. SUB DIVISIONAL MAGISTRATE NAGINA BIJNORE

JUDGEMENT

(1.) PALOK Basn, J. Sohan Singh has filed this writ petition under Article 226 of the Constitution of India praying that a writ in the nature of certiorari should issue quashing the impugned notice dated 25th January, 1996 passed by the Secretary, Cane Development Society Ltd. Nagina, district Bijnot (Annexure-1 to the writ petition ). The further prayer is that the respondents, i. e. , the District Magistrate, Prescribed Authority under the Co-operative Societies Act, 1965 (for short, the Act) and the Sub-Divisional Magistrate, Nagina, Bijnore be commanded by a writ of mandamus not to hold any meeting in pursuance of the notice which had been fixed on 8-2-1996. Admittedly this meeting was adjourned to 22-2-1996 whereafter an interim order has been passed by this Court staying the meeting, on entertaining this writ petition.

(2.) WHEN this writ petition was filed on 2-2-1996 the learned standing Counsel appearing on behalf of the opposite parties was granted time to file counter-affidavit of obtain instructions and inform the Court about the actual date of the notice or the order of the District Magistrate calling the meeting. On 7-2- 1996 when this matter came up it was observed : "it is said that notice of this writ petition having been already given on 31-1-1996 the learned Standing Counsel put a blank when the case was taken up day before yesterday as well as yesterday. As a last resort twenty-four hours' further time was granted to contact the opposite parties officers and obtain instructions and inform the Court accordingly when the case was scheduled to be taken up, i. e. , today. Sri S. G. Hasnain, learned Standing Counsel has informed the Court that he made attempts to send Fax message to the opposite parties and also to contract them on telephone but he failed. Under the circumstances, there is no alternative but to act upon tentatively relying upon the affidavit sworn along with writ petition as also the supplementary affidavit filed on 6-2-1996. " Thereafter In the interest of justice an order was passed staying the said meeting scheduled to be held on 8-2-1996.

(3.) AS jointly requested by the learned counsel for the parties this writ petition is being disposed of finally at the time of admission.