Mau Sahkari Awas Samiti Ltd. Thru. Secretary [ P. I. L. ] v. Union of India Thru. Central Registrar,Co-Operative Societies
2015-11-05
D.Y.CHANDRACHUD, NARAYAN SHUKLA
body2015
DigiLaw.ai
JUDGMENT The petition has been filed by the Mau Sahkari Awas Samiti Ltd. seeking an inquiry by "an independent agency" in respect of financial irregularities alleged to have been committed by the fifth and sixth respondents. The fifth respondent is the Sahkari Awas Nirman Evam Vitt Nigam Ltd. while the sixth respondent is its Chairperson. The second relief is a direction to the State to initiate action against the fifth and sixth respondents under the Multi State Cooperative Societies Act, 2002. 2. The affidavit in support of the petition has been affirmed by one Shri Krishna Tripathi. The deponent to the affidavit has filed an earlier Public Interest Litigation in Shri Krishna Tripathi vs. Union of India and Ors.1. A Division Bench of this Court dismissed the petition as withdrawn in terms of the following directions: "Upon out expressing reservations to entertain this petition in PIL jurisdiction, at this stage, the counsel for the petitioner seeks permission to withdraw the petition with liberty to take recourse to the appropriate remedies in accordance with law. Permission granted. Petition is dismissed as withdrawn, with liberty as prayed." 3. In our view, it is evident that the earlier petition was withdrawn as stated upon the Bench expressing reservations in regard to the jurisdiction of the Court to entertain such a petition though liberty was granted to espouse remedies available in law. The filing of a second writ petition albeit in the name of another entity which is deposed to by the petitioner of the earlier writ petition clearly indicates that it is an effort to reagitate the same issue before the Court after the earlier writ petition was withdrawn. 4. Hence, we decline to entertain the writ petition. 5. The petition is, accordingly, dismissed. There shall be no order as to costs. 6. However, it is clarified that the dismissal of the writ petition will not come in the way of the petitioner in pursuing such remedies as are available in law. ……………...