U.P. State Co-Operative Land ... vs Chandra Bhan Dubey And Ors on 18 December, 1998
The dispute as noted by the High Court
essentially related to the claims of two rival groups of
private individuals in relation to common car parking
spaces. Learned Single Judge gave certain directions, which
even touched upon the legality of the sale deeds. It was not
open to be dealt with in a writ petition. As observed by
this Court in U.P. State Co-operative Land Development Bank
Ltd. v. Chandra Bhan Dubey and Ors. (AIR 1999 SC 753) in
relation to the question whether a writ petition would lie
against a Cooperative Society the question to be considered
is what is the nature of the statutory duty placed on it and
the Court is to enforce such statutory public duty. The
question as to entitlement of the members was to be
discussed in the Annual General Body Meeting. The writ
petitioners could not have questioned the decision of the
Society to discuss the matter in the Annual General Body
Meeting. We, therefore, find no merit in this appeal. The
Society is free to convene a General Body Meeting and to
discuss the rival claims regarding entitlement. We make it
clear that we have not expressed any opinion on that aspect
of the matter. The appeal fails, but without any order as to
costs.