SAWA SAHKARI SANSTHA LTD. v. STATE OF MADHYA PRADESH
1994-09-03
A.R.TIWARI
body1994
DigiLaw.ai
A. R. TIWARI, J. ( 1 ) THE petitioner is a society registered under M. P. Cooperative Societies Act, 1960. The respondent No. 2 issued the orders dated 29. 7. 94 (Annexure P/3 and P/4) affecting the rights of the petitioner-society. Aggrieved by these orders, the petitioner has filed this writ petition for quashment of the aforesaid orders. ( 2 ) THE learned Government Advocate opposed the petition on the ground inter alia that the petitioner has filed the objections on 17. 8. 94 and the objections are pending before the Respondent No. 2. According to him, the petition is premature and the matter deserves to be left for decision of respondent No. 2. ( 3 ) THE counsel for the petitioner submits that the orders under challenge are not in the nature of show-cause notices, but are in reality the orders passed affecting the interests of the petitioner without giving any opportunity of representing the case against the action contained in the aforesaid orders. ( 4 ) BOTH sides, however, agreed before me that this petition may be disposed of by appropriate directions to respondent No. 2 to consider and decide the objections in conformity with law. ( 5 ) THE authorities are required to act justly and fairly. The order must also record the reasons. In S. N. Mukhcrjee v. Union of India AIR 1990 SC 1984 , it is held as under"in view of the expanding horizon of the principles of natural justice the requirement to record reason can be regarded as one of the principles of natural justice which govern exercise of power by administrative authorities. The rules of natural justice are not embodied rules. " ( 6 ) I therefore, dispose of this petition with directions as under : (A) The respondent No. 2 shall consider the objections of the petitioner as also supplementary objections as the petitioner mav choose to prefer within a period of 15, days from today in accor dnace with law. (b) The respondent No. 2 shall decide the objections within a period of two months from today and pass a speaking order. (c) The order unders challenge shall not be imposed till disposal of the objections. ( 7 ) THE petition stands finally disposed of with directions as above, but without any orders as to costs. Order reversed. .