BEEJ UTPADAK SAHKARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs:-

(2.) It is submitted by the counsel for the petitioners that the petitioners are the registered cooperative societies, which are functioning in the rural area for the benefit of its members, who are mostly farmers and agricultural dependent persons. The respondent no.1 in order to achieve the object of cooperation movement has empowered the societies to engage in the business of selling fertilizers in wholesale/retail for industrial use by issuing Form 'O' to the societies and the said Form 'O' were also issued to the petitioners societies. By the impugned order dtd. 30/6/2022 the respondent no.2 has stopped supply of fertilizers to the petitioners societies. Although petitioners have approached the respondent no.2, but no action has been taken and thus, this petition has been filed on the ground that stoppage of supply of the fertilizers to the cooperative societies amounts to discrimination. It is further submitted that it is beyond understanding that how the situation of shortage of fertilizers can be dealt with by stopping supply of fertilizers to the cooperative societies ? On the contrary the respondents should have increased the centers of distribution and should not have monopolized the distribution of fertilizers through Pacs, Vipanan Societies and Vipanan Sangh. It is further submitted that the impugned order is unsustainable because of the fact that the basic purpose of the Government behind passing the impugned order is to maintain the ratio of 70 : 30 which is violative of Article 19 (1) (g) and 19 (1) (c) of the Constitution of India. Stoppage of supply of fertilizers to the petitioners societies has resulted in loss to the farmer members.

(3.) During the course of arguments a specific question was put to the counsel for the petitioners with regard to the reasons for issuance of the impugned order dtd. 30/6/2022. It is mentioned in the impugned order that because of lack of availability of racks and fertilizers, the supply of fertilizers is getting affected. Lot of cooperative societies have been issued Form 'O', which are distributing fertilizers, as as result, the pre- decided ratio of 70 : 30, i.e. the Government and private sector, is getting adversely affected and accordingly, it was directed that the fertilizers shall be distributed through Pacs, Vipanan Societies and Vipanan Sangh on cash basis and the fertilizers shall not be supplied to any other society or institution. The counsel for the petitioners was specifically asked as to whether the reasons of lack of availability of racks and fertilizers have been challenged or not? It is submitted by the counsel for the petitioners that the reasons assigned in the impugned order dtd. 30/6/2022 are correct and in this petition they have not challenged the same.