Bhopal Wholesale Consumer Cooperative Store Awas Sangh v. State of M. P.
2011-10-31
ALOK ARADHE, SUSHIL HARKAULI
body2011
DigiLaw.ai
ORDER 1. This intra Court appeal has been preferred against the order dated 13.9.2020 passed by learned Single Judge, by which the writ petition preferred by the appellant has been dismissed. 2. We have heard learned counsel for the appellant. 3. Facts giving rise to filing of writ appeal briefly stated are that the appellant is a cooperative society registered under the provisions of M.P. Cooperative Societies Act, 1960. The petitioner Society was permitted to run a medicine shop in the premises of Respondent No.3 namely Jai Prakash Hospital (New OPD). By an order dated 13.1.2008, the appellant was asked to vacate medicine shop situated within the premises of Respondent No.3 namely Jai Prakash Hospital, Bhopal. The appellant challenged the validity of the aforesaid order before the learned Single Judge. The learned Single Judge vide order dated 13.9.2010 dismissed the writ petition preferred by the appellant. 4. Learned counsel for the appellante was unable to show us any substantive law under which he claims the right to run the medicine shop in the premises of Respondent No.3 Hospital. The appellant in the writ petition has also prayed for a direction to the respondent to allot a suitable place for running a medicine shop in the premises of Respondent No.3 Hospital. The appellant has not placed on record any agreement under. which it was occupying the shop in question. The appellant has neither any indefeasible right to occupy the shop nor any legal right to claim an alternative site for running the medicine shop in the premises of Respondent No.3 Hospital. 5. In the writ petition under Article 226 of the Constitution of India, this Court can enforce the legal rights and cannot create new rights which do not exist in law. 6. For the aforementioned reason we do not find any merit in the writ appeal. The same fails and is hereby dismissed.