KAILADEVI Vs. STATE OF M.P. AND OTHERS

JUDGEMENT

(1.) In view of similarity of the matters, with the consent of parties, matters were analogously heard and decided by this common order.

(2.) It is contended that the petitioner is a Co-operative Society registered under the provisions of M.P. Co-operative Societies Act, 1960. The competent authority by Annexure P-4 gave license to the petitioner to run business in Dabra to Bhitarwar block. The petitioner is doing business in the said block in accordance with the conditions of license. The petitioner was served with a show cause notice dated 22.8.2005 (Annexure P-8) alleging that petitioner's society is functioning beyond the permissible/registered area. This act of petitioner is causing adverse impact on local institutions. The petitioner was directed to file reply. In turn, on 5.8.2013 (Annexure P-11), petitioner filed reply. In the reply it is submitted that the similar issue was decided by the Collector in its earlier order dated 24.1.2006. Similar notices issued earlier were accordingly cancelled. Reliance is also placed on a judgment of this Court in the said reply.

(3.) Shri K.N.Gupta, learned senior counsel assisted by Shri Bahirnai criticized the impugned order by contending that the learned Collector has not dealt with the objection of the petitioner. He submits that the petitioner has not violated any condition of license. During the course of argument, Shri K.N.Gupta and Shri Vivek Jain contended that in these batch of petitions there are two kinds of matters. First batch is of those cases where term of license is still alive whereas in few cases term is over and application for renewal are pending. Those applications are not decided because of pendency of present matters. Reliance is placed on (Gurunanak Prathmik Upbhokta Sahakari Bhandar Kerosene (M/s.) Semi Whosaler licence Mryadit, Tikamgarh Manager Pawan Kumar Jain Vs. State of U.P. Through Secretary Food and Civil Supplies Department, government of M.P. and others,2008 2 EFR 255) and order passed in W.P. No.1257/96 (M/s Yadadv Kerosene Bhandar Vs. State of M.P. & Others).