Allahabad High Court
Anand Kumar Singh vs State Of U.P. Thru. Addl. Chief ... on 9 December, 2022
Bench: Devendra Kumar Upadhyaya, Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 2 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 867 of 2022 Petitioner :- Anand Kumar Singh Respondent :- State Of U.P. Thru. Addl. Chief Secy./Prin./Spl. Secy. Dairy Development Civil Secrt. Lko. And Ors Counsel for Petitioner :- Akhilesh Singh,Uma Kant Mishra Counsel for Respondent :- C.S.C.,Ajai Pratap Singh Chauhan,Shanker Lal Hon'ble Devendra Kumar Upadhyaya,J.
Hon'ble Saurabh Lavania,J.
Heard learned counsel for the petitioner, learned Standing Counsel, Sri Lalit Shukla, learned counsel representing the respondent no.3-Pradeshik Co-operative Dairy Federation Limited and Sri Pankaj Patel, learned counsel appearing for respondent no.6-Lucknow Producers Co-operative Milk Union Limited.
This Public Interest Litigation Petition expresses various concerns in respect of the functioning of and the state of affairs prevailing in Lucknow Producers Co-operative Milk Union, which is a Co-operative Society engaged in the business of production, pasteurization, packaging and marketing etc. of milk and milk products.
The respondent no.6-Co-operative a Society runs and manages a milk pasteurization and packaging plant in Lucknow and sells its milk products by the brand name of "Parag"
Various allegations have been made in the writ petition relating to alleged malfunctioning of the respondent no.6-Co-operative Society. The assertions made in the writ petition, include allegations of misuse and mis-utilization of the funds, non-payment of the dues to the farmers from whom the milk is purchased, various other irregularities in marketing and transport of milk, functioning of the executive body of the Co-operative Society concerned not being in terms of the rules and also in respect of alleged illegal attempts relating to dissipation of the assets of the Co-operative Society.
Learned counsel for the petitioner has drawn our attention to various such assertions made in the writ petition and has submitted that the respondent no.6 and its products which are marketed under the brand name of "Parag" need to regain its past glory which can happen only in case the regulatory authority exercising supervision and control on such co-operative societies is directed to perform their duties appropriately and efficiently to ensure that the respondent no.6 functions lawfully. It has further been stated by learned counsel for the petitioner that as a matter of fact the State Government has been infusing lot of funds from the State Exchequer to the respondent no.6 but even the said funds on account of alleged misuse have not been able to improve the functions and commercial viability of the products of respondent no.6.
As a matter of fact, when we peruse the averments made in the writ petition what we find is that a kind of omnibus issues have been raised in the writ petition, adjudication of which is not an easy task by this Court in exercise of its jurisdiction under Article 226 of the Constitution.However, having observed as above and taking into consideration the nature of allegations made in the writ petition, we find it appropriate to direct the Milk Commissioner, who is a State functionary to look into the issues raised in the writ petition and take an appropriate action which may be warranted under law.
Accordingly, we dispose of this writ petition finally with the direction to the Milk Commissioner of the State of Uttar Pradesh to treat this writ petition as a representation and consider the same and further take appropriate decision and action which may be warranted under law.
It is expected from the Milk Commissioner that he shall take appropriate steps to ensure that the functioning of respondent no.6 improves. For the aforesaid purpose, the petitioner is permitted to serve a certified copy of this order alongwith the copy of the writ petition itself to the Milk Commissioner within ten days from today. The Milk Commissioner on receipt of certified copy of this order, shall call for the documents and reports etc. from his subordinates as also from the office bearers or the persons Incharge of the respondent no.6 and accordingly, shall take appropriate steps, as observed above.
Order Date :- 9.12.2022 dk/