PASHU SHAV CHHEDAN VIKRAY SHRIRAM SAMVIDA SAHKARI SAMITI LTD., GANDHI NAGAR, BARABANKI AND ORS. Vs. STATE OF U.P. THROUGH SECRETARY PANCHAYAT RAJ VIDHAN BHAWAN, LUCKNOW AND OTHERS

JUDGEMENT

(1.) These petitions have been bunched together as common questions arise in these cases to the effect as to whether the Director of Small Scale Industries is the Registrar of the Co-operative Societies for registering Societies for collecting bones, hides and skin of dead animals etc., or registration of the same has to be done by the Deputy Registrar, Co-operative Societies and the registration made by him will be valid so as to enable the said registered society to obtain licence from Zila Parishad for its business of collecting bones, hides and skin and the further question which arises is as to whether only one Co-operative society for one Nyaya Panchayat can be registered or there can be more than one cooperative society within the area of one Nyaya Panchayat. Writ Petition No. 1551 of 1985 which is the leading case, prayer for quashing the order dated 2-5-1985 passed by Zila Parishad, Barabanki cancelling the licence of the petitioner granted earlier has been made besides the prayer or direction to the opposite parties not to put any hindrance in collecting bones, hindes etc., in Block Banki, district Barabanki.

(2.) In writ petition No. 951 of 1985 arising out of different application of district Barabanki, a prayer for quashing notice issued by the District Assistant Registrar informing the members that within the jurisdiction of one Nyaya Panchayat one society will be registered and further prayer has been made that Zila Parishad be directed not to issue licence to those societies which have been registered by the Deputy Registrar, Co-operative Societies. In other petitions, prayer of similar nature mentioned in above two petitions have been made.

(3.) The petitioners of societies i.e. Pashu Shav Chhedan Vikray Shriram Samvida Sahkari Samiti Ltd., Gandhi Nagar, Barabanki was registered by the Deputy Registrar, Co-operative Society, Faizabad Division on 19-9-1984 as Labour Contract Society which according to its allegations consists of only Chamar community whose customary business from the aucestrol period is that of collecting bones, hides etc., of dead animal. It appears from the counter affidavit that some of the members of the petitioners society applied for registration if Industrial Co-operative Society to the Director of Industries who rejected the same on 22-6-1982 against which a writ petition is pending. Under the bye-laws of Zila Parishad the contract for the said purpose is given by way of licence to the highest bidder and without licence no one can carry on the business. Litigation in the matter had started since past and the Honourable Supreme Court on 27-4-81 gave directions to the State of Uttar Pradesh for instructing the Registrar of the Co-operative Societies for taking steps to organise the co-operative societies of persons carrying on occupation of skilling and further directed the Zila Parishad to give contracts to those co-operative societies. It was thereafter that the State of Uttar Pradesh issued letters to the Director of Industries Kanpur who was also Registrar of Industrial Co-operative Societies, U.P. and to all the District Magistrates directing them to organise and register Co-operative societies of those persons who carry on the business of collecting hides and bones.