NAGDA UPABHOKTA SANGH Vs. STATE OF M P

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution of India, the petitioner challenges the correctness, validity and propriety of the Notification dated 22nd July, 1988, whereunder Sunday was declared a holiday for the Township of Nagda under Section 13 of the Madhya Pradesh Shops and Establishments Act, 1958.

(2.) PETITIONER No. 1 is an Upbhokta Sangh of Nagda Township. The petition simply says that it is an Upbhokta Sangh. Whether it is a registered body or registered society or a Consumer Co-operative Society, what are the number of its members and what are the Rules and Bye Laws of the Society nothing is available on record. As the learned counsel says that the petitioner No.

(3.) CONTENDING otherwise, respondents in their return have stated that a survey was made, as many as 350 shop-keepers were asked and as each of them agreed for closure Sunday, the State Government being satisfied that the general public is in favour of closed Sunday issued the Notification. The return further states that if the petitioners or public at large feels inconvenient because of the closed Sunday, then they would have the liberty to approach the Competent Authority and if the Competent Authority feels satisfied, then it may change the closed day. What surprises me at this stage is as to why the petitioners or the public at large did not approach the Competent Authority for last more than nine years. The reason probably must be the interim stay granted by this Court. Once the interim order is granted in favour of a party it becomes lethargic and starts enjoying the shelter of the order. Had there been no order of stay in favour of the petitioners, they would have moved an application either for early hearing of the petition or would certainly have rushed to the Competent Authority for redressal of their grievance. Be that as it may, the petition ultimately came up for final hearing.