Madhya Pradesh High Court
Madhya Pradesh Rajya Nagarik Aapurti ... vs The Madhya Pradesh State Civil Supplies ... on 6 March, 2024
Author: Vivek Agarwal
Bench: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 6 th OF MARCH, 2024
WRIT PETITION No. 4222 of 2003
BETWEEN:-
1. MADHYA PRADESH RAJYA NAGARIK AAPURTI
NIGAM KARMACHARI SANGH THROUGH ITS
GENERAL MANAGER MEGHRAJ YADAV SON OF
LATE SHRI C.M. YADAV AGED ABOUT 40 YEARS
SENIOR ASSISTANT M.P. STATE CIVIL SUPPLIES
CORPORATION LTD. HEAD OFFICE BHOPAL
(MADHYA PRADESH)
2. ANAND BAHADUR BAGHEL S/O SHRI A.B.S.
BAGHEL, AGED ABOUT 48 YEARS, SR. ASSISTANT
M.P. STATE CIVIL SUPPLIES CORPORATION LTD.
HEAD OFFICE BHOPAL (MADHYA PRADESH)
3. A.K. BAJPAI S/O LATE SHRI K.S. BAJPAI, AGED
ABOUT 41 YEARS, SR. ASSISTANT M.P. STATE
CIVIL SUPPLIES CORPORATION LTD. HEAD
OFFICE BHOPAL (MADHYA PRADESH)
4. ASHOK RAI S/O SHRI M.L. RAI, AGED ABOUT 37
YE A R S , SR. ASSISTANT M.P. STATE CIVIL
SUPPLIES CORPORATION LTD. HEAD OFFICE
BHOPAL (MADHYA PRADESH)
5. B.L. MALVIYA S/O SHRI NANURAM MALVIYA,
AGED ABOUT 39 YEARS, ASSISTANT, M.P. STATE
CIVIL SUPPLIES CORPORATION LTD. (MADHYA
PRADESH)
6. BHASKAR BHONGADE S/O SHRI K.M. BHONGADE,
AGED ABOUT 44 YEARS, ASSISTANT MANAGER,
M.P. STATE CIVIL SUPPLIES CORPORATION LTD.
HEAD OFFICE BHOPAL (MADHYA PRADESH)
7. D.S. THAKUR S/O SHRI THAKURDAS SINGH, AGED
ABOUT 45 YEARS, ASSISSTANT M.P. STATE CIVIL
SUPPLIES CORPORATION LTD. DATIYA (MADHYA
PRADESH)
8. HEMANI RAWAL S/O SHRI MADANLAL RAWAL,
Signature Not Verified
Signed by: AMIT JAIN
Signing time: 06-03-
2024 18:23:11
2
AGED ABOUT 40 YEARS, SR. ASSISTANT M.P.
STATE CIVIL SUPPLIES CORPORATION LTD.
INDORE (MADHYA PRADESH)
9. IQBAL MOHAMMAD S/O SHRI ASHRAF KHAN,
AGED ABOUT 49 YEARS, ASSISTANT M.P. STATE
CIVIL SUPPLIES CORPORATION LTD. SHAJAPUR
(MADHYA PRADESH)
10. M.L. SHARMA S/O H.P. SHARMA, AGED ABOUT 49
YEARS, ASSISTANT M.P. STATE CIVIL SUPPLIES
CORPORATION LTD. HEAD OFFICE BHOPAL
(MADHYA PRADESH)
11. MAHESH VYAS S/O SHRI RAMESH CHAND VYAS,
AGED ABOUT 46 YEARS, SR. ASSISTANT M.P.
STATE CIVIL SUPPLIES CORPORATION LTD.
UJJAIN (MADHYA PRADESH)
12. MAN SINGH KUSHWAHA S/O DHAN SINGH
KUSHWAHA, AGED ABOUT 46 YEARS, SR.
ASSISTANT M.P. STATE CIVIL SUPPLIES
CORPORATION LTD. HEAD OFFICE BHOPAL
(MADHYA PRADESH)
13. PRAKASH BORANVARKAR S/O SHRI K.K.
BORANVARKAR, AGED ABOUT 41 YEARS,
ASSISTANT M.P. STATE CIVIL SUPPLIES
CORPORATION LTD. HEAD OFFICE BHOPAL
(MADHYA PRADESH)
14. R.S. BILE S/O SHRI KACHHARIYA BILE, AGED
ABOUT 45 YEARS, ASSISTANT M.P. STATE CIVIL
SUPPLIES CORPORATION LTD. KHARGONE
(MADHYA PRADESH)
15. S.K. SIKARWAR S/O LATE SHRI M.P. SINGH, AGED
ABOUT 49 YEARS, ASSISTANT MANAGER, M.P.
STATE CIVIL SUPPLIES CORPORATION LTD.
SHAJAPUR (MADHYA PRADESH)
16. VIVEK RANGARI S/O LATE SHRI P.T. RANGARI,
AGED ABOUT 38 YEARS, OCCUPATION: SR
ASSISTANT M.P. STATE CIVIL SUPPLIES
CORPORATION LIMITED BHOPAL (MADHYA
PRADESH)
17. S.S. KASHYAP S/O SHRI M.L. KASHYAP, AGED
ABOUT 41 YEARS, OCCUPATION: ASSISTANT M.P.
STATE CIVIL SUPPLIES CORPOATION LIMITED
RATLAM RATLAM (MADHYA PRADESH)
Signature Not Verified
Signed by: AMIT JAIN
Signing time: 06-03-
2024 18:23:11
3
18. S.K. SANKHERE S/O SHRI RAMDAS SANKHERE,
AGED ABOUT 38 YEARS, OCCUPATION:
ASSISTANT M.P. STATE CIVIL SUPPLIES
CORPORATION LIMITED KHANDWA (MADHYA
PRADESH)
19. K.L. VERMA S/O SHRI GHASITA VERMA, AGED
ABOUT 43 YEARS, OCCUPATION: ASSISTANT M.P.
STATE CIVIL SUPPLIES CORPOATION LIMITED
SAGAR (MADHYA PRADESH)
20. B.L. YADAV S/O SHRI MANGLUJI YADAV, AGED
ABOUT 54 YEARS, OCCUPATION: ASSISTANT
MANAGER M.P. STATE CIVIL SUPPLIES
CORPORATION LIMITED JABALPUR (MADHYA
PRADESH)
21. R.C. GUPTA S/O LATE SHRI R.M. GUPTA, AGED
ABOUT 41 YEARS, ASSISTANT M.P. STATE CIVIL
SUPPLIES CORPORATION LIMITED CHHATARPUR
(MADHYA PRADESH)
22. DINESH NARAYAN MISHRA S/O SHRI J.P.
MISHRA, AGED ABOUT 45 YEARS, OCCUPATION:
JR ASSISTANT M.P. STATE CIVIL SUPPLIES
CORPORATION LIMITED SIDHI (MADHYA
PRADESH)
23. P.L. SHARMA S/O SHRI RAMKRISHNA SHARMA,
AGED ABOUT 45 YEARS, OCCUPATION: SR
ASSISTANT M.P. STATE CIVIL SUPPLIES
CORPORATION LIMITED SATNA (MADHYA
PRADESH)
24. G.P. SAKET S/O SHRI SAKHAN PRASAD SAKET
ASSISTANT M.P. STATE CIVIL SUPPLIES
CORPORATION LIMITED SATNA (MADHYA
PRADESH)
25. D.L. PATEL S/O SHRI R.M. PATEL, AGED ABOUT 48
YE A R S , OCCUPATION: ASSISTANT MANAGER,
M.P. STATE CIVIL SUPPLIES CORPORATION
LIMITED SIDHI (MADHYA PRADESH)
26. H.P. MAHOBIA S/O LATE SHRI PHOOLCHAND
MAHOBIA, AGED ABOUT 42 YEARS, ASSISTANT
M.P. STATE CIVIL SUPPLIES CORPORATION
LIMITED MANDLA (MADHYA PRADESH)
27. D.D. SAGAR S/O SHRI DAPPU RAM SAGAR, AGED
ABOUT 39 YEARS, ASSISTANT M.P. STATE CIVIL
Signature Not Verified
Signed by: AMIT JAIN
Signing time: 06-03-
2024 18:23:11
4
SUPPLIES CORPORATION LIMIED SHIVPURI
(MADHYA PRADESH)
28. S.K. RAI S/O SHRI BHAGWANSAD RAI, AGED
ABOUT 41 YEARS, OCCUPATION: JR ASSISTANT
M.P. STATE CIVIL SUPPLIES CORPORATION
LIMITED NARSINGHPUR (MADHYA PRADESH)
29. M.K. BHOORA S/O NOT MENTION, AGED ABOUT
42 YEARS, OCCUPATION: WORKING AS
ASSISTANT M.P. STATE CIVIL SUPPLIES
CORPORATION LIMITED SEONI (MADHYA
PRADESH)
.....PETITIONERS
(BY SHRI NIKHIL BHATT - ADVOCATE)
AND
1. THE MADHYA PRADESH STATE CIVIL SUPPLIES
CORPORATION LIMITED THROUGH ITS
MANAGING DIRECTOR M.P. STATE CIVIL
SUPPLIES CORPORATION LTD. IIIRD FLOOR
BLOCK 1 PARYAVAS BHAWAN, JAIL ROAD,
BHOPAL (MADHYA PRADESH)
2. THE MANAGING DIRECTOR, M.P. STATE CIVIL
SUPPLIES CORPORATION LTD. IIIRD FLOOR,
BLOCK-I, PARYAVAS BHAWAN, JAIL ROAD,
BHOPAL (MADHYA PRADESH)
3. THE GENERAL MANAGER (PROCUREMENT), M.P.
STATE CIVIL SUPPLIES CORPORATION LIMITED
IIIRD FLOOR, BLOCK-I, PARYAVAS BHAWAN,
JAIL ROAD, BHOPAL (MADHYA PRADESH)
.....RESPONDENTS
Th is petition coming on for hearing this day, th e court passed the
following:
ORDER
Learned counsel for the petitioners after arguing for sometime and admitting the fact that there is no authorisation in favour of the Madhya Pradesh Rajya Nagrik Aapurti Nigam Karmachari Sangh through its General Secretary to Signature Not Verified Signed by: AMIT JAIN Signing time: 06-03- 2024 18:23:11 5 file this writ petition and also agreeing to the fact that cause of action is for an individual and there is no class action, prays for withdrawal of this writ petition with liberty to the individuals to file appropriate individual proceedings, if they so desire, challenging their individual orders and if appropriate individual proceedings are filed within a period of thirty days from today then without adverting to the aspect of limitation, they will be dealt with on their own merits. He also submits that the petitioners have been impleaded in their individual capacity but has no knowledge that whether individual Court Fee has been paid by them or not.
In the opinion of this Court, it makes no difference because the Writ Petitioner is Madhya Pradesh Rajya Nagrik Aapurti Nigam Karmachari Sangh and admittedly there is no authorisation in favour of the Madhya Pradesh Rajya Nagrik Aapurti Nigam Karmachari Sangh to file this writ petition on behalf of the individuals, therefore, in the light of the law laid down by a Division Bench of this Hon'ble High Court in Prabhat versus Barkatulla University & Another 2011 ILR MP 1692, this writ petition is not maintainable.
Accordingly, this writ petition is dismissed as withdrawn with the aforesaid liberty as prayed for by Shri Nikhil Bhatt, learned counsel for the petitioners.
(VIVEK AGARWAL) JUDGE amit Signature Not Verified Signed by: AMIT JAIN Signing time: 06-03- 2024 18:23:11