Himachal Pradesh High Court
The Baghal Land Losers Transport ... vs State Of H.P. And Others on 2 June, 2016
Author: Mansoor Ahmad Mir
Bench: Chief Justice, Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.4679 of 2015.
Reserved on: 26th May, 2016.
Pronounced on: 02.06.2016.
.
The Baghal Land Losers Transport Cooperative Society
...Petitioner.
VERSUS
State of H.P. and others ...Respondents.
Coram
The Hon'ble Mr.Justice Mansoor Ahmad Mir, Chief Justice.
of
The Hon'ble Mr.Justice Sandeep Sharma, Judge.
Whether approved for reporting? No.
For the petitioner: Mr.Sanjeev Bhushan, Senior Advocate,
rt with Ms.Abhilasha Kaundal, Advocate.
For the Respondents: Mr.Shrawan Dogra, Advocate
General, with Mr.M.A. Khan,
Mr.Anup Rattan, and Mr.Romesh
Verma, Addl.A.Gs. and Mr.Kush
Sharma, Dy.A.G.
Mansoor Ahmad Mir, C.J.
By the medium of this writ petition, the petitioner has called in question the order, dated 26th March, 2010, (Annexure P-
2), made by the Deputy Commissioner, Solan, whereby a Regulatory Committee had been formed for recommending the enrolment of new members into the petitioner-Society and also for granting permission for plying of new trucks.
2. Facts of the case, in brief, are that the petitioner is a Society of land losers, who lost their cultivable land for the setting up of Ambuja Cement Factory in the area concerned. For the transportation of cement and clinker, four societies were formed ::: Downloaded on - 15/04/2017 20:33:08 :::HCHP ...2...
and the petitioner is one of such societies. The Deputy Commissioner, Solan distributed the work amongst these societies .
initially vide order dated 22nd February, 2005. On representations, in the year 2010, the Deputy Commissioner re-distributed the work in favour of the Societies, enhancing the share of work of the petitioner-Society, being landless families. It has been further of averred that the Deputy Commissioner, vide order, dated 26th March, 2010, (Annexure P-2), formed a Regulatory Committee for rt the enrolment of new members and for granting permission for plying new trucks for carrying clinker/cement. The said Regulatory Committee was headed by the Sub Divisional Magistrate, Arki, and the Tehsildar, Arki and the Assistant Registrar, Cooperative Societies, Solan were acting as members of the Committee.
3. The allegation of the petitioner is that the said Regulatory Committee is not responding to the requests for enrolment of new members promptly, thereby adversely affecting the concerned persons. Thus, the present petition filed by the petitioner.
4. Notices were issued to the respondents, who filed their replies.
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5. The Deputy Commissioner, Solan (respondent No.4) and the Sub Divisional Magistrate, Arki (respondent No.5) filed the .
joint reply, in which it has been pleaded that the Regulatory Committee was formed with the object to keep a check upon the enrolment of new members, so that earlier orders passed in that regard were adhered to in letter and spirit. It has also been of pleaded that the Regulatory Committee was also to determine the number of vehicles a member could ply for transportation of rt cement/clinker so that benefit of employment was extended to all the affected persons. Thus, the writ petition, is sought to be dismissed.
6. From the facts of the case, it emerges that the petitioner is aggrieved by the formation of the Regulatory Committee, which was formed way back in the year 2010. The said Committee has been functioning since the year 2010, but the petitioner never raised any objection against the formation of the said Committee. Therefore, at present, it is too late to interfere with and quash the formation of the said Regulatory Committee.
7. The grievance aired by the petitioner appears that the Regulatory Committee has not allowed the enrolment of new members and has not granted permissions for plying of new ::: Downloaded on - 15/04/2017 20:33:08 :::HCHP ...4...
trucks, despite the fact that the petitioner-Society had already recommended the cases of the eligible persons and therefore, the .
said Regulatory Committee has been working against the interests of the land losers, who are in dire need of employment assistance.
8. Therefore, in the given circumstances, we deem it proper to dispose of the writ petition by directing the Registrar, of Cooperative Societies and the Deputy Commissioner, Solan to consider the pending applications for grant of enrolment as rt members and also for grant of permission for plying of trucks, as per the Rules occupying the field, and pass appropriate orders thereon within a period of four weeks from today. In case the orders, so passed, affect any applicant adversely, it is open for such applicant to challenge the same before appropriate forum, if so advised.
9. The writ petition is disposed of accordingly, alongwith pending CMPs, if any.
Copy dasti.
(Mansoor Ahmad Mir) Chief Justice.
June 2, 2016. (Sandeep Sharma)
(Tilak) Judge
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