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Shyam Raj Cold Storage And Ice Factory v/s State Of Uttar Pradesh


Company & Directors' Information:- R J COLD STORAGE PRIVATE LIMITED [Active] CIN = U74899DL1992PTC049659

Company & Directors' Information:- S. D. COLD STORAGE PRIVATE LIMITED [Active] CIN = U15132UP1995PTC018791

Company & Directors' Information:- H M ICE AND STORAGE PRIVATE LIMITED [Active] CIN = U63022DL1999PTC101275

Company & Directors' Information:- D G COLD STORAGE PRIVATE LIMITED [Active] CIN = U45209WB2001PTC092809

Company & Directors' Information:- N P S COLD STORAGE PRIVATE LIMITED [Active] CIN = U15549WB1997PTC085229

Company & Directors' Information:- P G ICE AND COLD STORAGE PRIVATE LIMITED [Active] CIN = U15435UP2015PTC070434

Company & Directors' Information:- G M COLD STORAGE PVT LTD [Active] CIN = U63022WB1986PTC041010

Company & Directors' Information:- G C G COLD STORAGE PRIVATE LIMITED [Active] CIN = U01400MH2012PTC235712

Company & Directors' Information:- L P COLD STORAGE PRIVATE LIMITED [Active] CIN = U15133UP1997PTC021864

Company & Directors' Information:- P D COLD STORAGE PRIVATE LIMITED [Active] CIN = U74900UP2010PTC039698

Company & Directors' Information:- N R S COLD STORAGE PVT LTD [Active] CIN = U63022WB1978PTC031524

Company & Directors' Information:- S M COLD STORAGE PVT LTD [Active] CIN = U63022WB1986PTC040843

Company & Directors' Information:- A TO Z COLD STORAGE PRIVATE LIMITED [Active] CIN = U15122UP2010PTC040956

Company & Directors' Information:- A-1 COLD STORAGE PRIVATE LIMITED [Active] CIN = U74900TG2015PTC100777

Company & Directors' Information:- D N COLD STORAGE PRIVATE LIMITED [Active] CIN = U15133UP1989PTC010708

Company & Directors' Information:- P S COLD STORAGE PRIVATE LIMITED [Active] CIN = U15139UP2001PTC026373

Company & Directors' Information:- N L COLD STORAGE PRIVATE LIMITED [Strike Off] CIN = U63022ML2001PTC006536

Company & Directors' Information:- K H I COLD STORAGE PRIVATE LIMITED [Active] CIN = U63022DL1999PTC100373

Company & Directors' Information:- K J COLD STORAGE PRIVATE LIMITED [Active] CIN = U63022PB1996PTC018274

Company & Directors' Information:- S J ICE AND COLD STORAGE PRIVATE LIMITED [Active] CIN = U15133UP1997PTC022564

Company & Directors' Information:- V K COLD STORAGE PRIVATE LIMITED [Active] CIN = U63022RJ1998PTC014964

Company & Directors' Information:- R M COLD STORAGE PRIVATE LIMITED [Active] CIN = U15133UP1999PTC024532

Company & Directors' Information:- S L P COLD STORAGE PRIVATE LIMITED [Converted to LLP] CIN = U00063KA1997PTC022544

Company & Directors' Information:- M D COLD STORAGE PRIVATE LIMITED [Active] CIN = U15133UP2001PTC025987

Company & Directors' Information:- S N COLD STORAGE PVT LTD [Active] CIN = U15132WB1977PTC031040

Company & Directors' Information:- A K COLD STORAGE PRIVATE LIMITED [Active] CIN = U15133UP1999PTC024374

Company & Directors' Information:- G. T. COLD STORAGE PRIVATE LIMITED [Active] CIN = U70101UP1999PTC024239

Company & Directors' Information:- S R ICE AND COLD STORAGE PRIVATE LIMITED [Active] CIN = U74899DL1988PTC030645

Company & Directors' Information:- G L ICE & COLD STORAGE PRIVATE LIMITED [Strike Off] CIN = U15122UP2012PTC052836

Company & Directors' Information:- S. K. ICE FACTORY PRIVATE LIMITED [Strike Off] CIN = U01134UP1998PTC023094

Company & Directors' Information:- G D COLD STORAGE PRIVATE LIMITED [Strike Off] CIN = U63022WB1997PTC084601

Company & Directors' Information:- J S COLD STORAGE PRIVATE LIMITED [Active] CIN = U63022PB1997PTC020250

Company & Directors' Information:- B C COLD STORAGE PRIVATE LIMITED [Active] CIN = U45302PB1997PTC019355

Company & Directors' Information:- G S P COLD STORAGE PRIVATE LIMITED [Active] CIN = U74899DL1995PTC069618

Company & Directors' Information:- R R COLD STORAGE PRIVATE LIMITED [Active] CIN = U63022TZ1995PTC006478

Company & Directors' Information:- G C ICE FACTORY AND COLD STORAGE PVT LTD [Active] CIN = U63022PB1991PTC011202

Company & Directors' Information:- H J COLD STORAGE PRIVATE LIMITED [Strike Off] CIN = U63022WB1999PTC089452

Company & Directors' Information:- J M C ICE AND COLD STORAGE PVT LTD [Strike Off] CIN = U63020MH1980PTC023218

Company & Directors' Information:- B K COLD STORAGE PRIVATE LIMITED [Active] CIN = U63022PB1997PTC020070

Company & Directors' Information:- J T S COLD STORAGE PRIVATE LIMITED [Active] CIN = U74900UP2011PTC044733

Company & Directors' Information:- COLD STORAGE CORPORATION OF INDIA LIMITED [Active] CIN = U25193UP1946PLC001472

Company & Directors' Information:- INDIA COLD STORAGE AND ICE COMPANY LIMITED [Strike Off] CIN = U15133UP1946PLC001591

Company & Directors' Information:- M K R S S COLD STORAGE PRIVATE LIMITED [Active] CIN = U63090WB2020PTC241530

Company & Directors' Information:- R G P COLD STORAGE PRIVATE LIMITED [Active] CIN = U74999KA2006PTC039844

Company & Directors' Information:- ICE INDIA PVT LTD [Strike Off] CIN = U72400ML1996PTC004753

Company & Directors' Information:- J P G A COLD STORAGE PRIVATE LIMITED [Active] CIN = U63022PB2005PTC028831

Company & Directors' Information:- R B COLD STORAGE PRIVATE LIMITED [Active] CIN = U63022BR1979PTC001418

Company & Directors' Information:- N J COLD STORAGE PRIVATE LIMITED [Active] CIN = U63020DL2010PTC207001

Company & Directors' Information:- G M COLD STORAGE PVT LTD [Strike Off] CIN = U63022OR1985PTC001574

Company & Directors' Information:- RAJ ICE AND COLD STORAGE PRIVATE LIMITED [Strike Off] CIN = U63023MH2005PTC155058

Company & Directors' Information:- S V S COLD STORAGE PRIVATE LIMITED [Strike Off] CIN = U74999AP1999PTC033134

Company & Directors' Information:- R V COLD STORAGE PVT LTD [Strike Off] CIN = U15133UP1988PTC010122

Company & Directors' Information:- V L S COLD STORAGE PRIVATE LIMITED [Strike Off] CIN = U63010TG2011PTC072072

Company & Directors' Information:- M K V ICE AND COLD STORAGE PVT LTD [Active] CIN = U63022WB1978PTC031508

Company & Directors' Information:- ICE AND COLD STORAGE COMPANY PRIVATE LIMITED [Strike Off] CIN = U15133UP1949PTC002125

Company & Directors' Information:- M Y COLD STORAGE PRIVATE LIMITED [Active] CIN = U15122UP2012PTC053516

Company & Directors' Information:- RAJ COLD STORAGE PRIVATE LIMITED [Under Process of Striking Off] CIN = U45201BR2007PTC013307

Company & Directors' Information:- K T COLD STORAGE PRIVATE LIMITED [Strike Off] CIN = U63022NL2001PTC006616

Company & Directors' Information:- M M COLD STORAGE PRIVATE LIMITED [Strike Off] CIN = U63090TG2013PTC090068

Company & Directors' Information:- RAJ ICE PRIVATE LIMITED [Strike Off] CIN = U74999DL2005PTC136172

Company & Directors' Information:- H. R. COLD STORAGE PRIVATE LIMITED [Active] CIN = U63030GJ2016PTC092718

Company & Directors' Information:- COLD STORAGE (INDIA) LTD. [Dissolved] CIN = U99999MH1922PTC000998

Company & Directors' Information:- INDIA COLD STORAGE CO. LTD. [Not available for efiling] CIN = U99999MH1948PLC006673

    Civil Misc. Writ Petition No. 7675 of 2011

    Decided On, 19 August 2011

    At, High Court of Judicature at Allahabad

    By, THE HONOURABLE MR. JUSTICE D.P. SINGH & THE HONOURABLE MR. JUSTICE SATISH CHANDRA

    For the Appearing Parties: Rajesh Kumar Singh, Amitabh Kumar, T.N. Gupta, H.P. Srivastava, I.H. Faruqi, Advocates.



Judgment Text

1. HEARD learned counsel for the petitioner, Sri H.P. Srivastava, learned Additional Chief Standing Counsel for the opposite parties No. 1,2,3,4 and 9; Sri T. N. Gupta, learned counsel for the opposite parties No. 5 and 6 and Sri I. H. Farooqui, learned Assistant Solicitor General of India for the opposite parties No. 7 and 8.

2. WITH the consent of parties' counsel, we proceed to decide the writ petition finally.

Present writ petition under Article 226 of the Constitution of India has been preferred against the compensation awarded by the licensing authority, against which an appeal under Section 36 of the Act has been filed before the Tribunal but on account of lack of Corum, the appeal could not be taken up for the purpose of admission and interim relief.

It has been submitted by Sri T. N. Gupta, learned counsel for the opposite parties No. 5 and 6 that since the appeal has been filed at belated stage, no order staying the payment of compensation may be passed by this Hon'ble Court even by the Tribunal.

3. DURING the course of arguments, it has been submitted by the petitioner's counsel that since the Corum of the Tribunal is not complete and the State Government as well as Central Government has failed to discharge the statutory obligation under the UP. Regulation of Cold Storages Act, 1976 (in short 'Act'), this Court has ample power to exercise its extra ordinary jurisdiction to impart justice to the persons who are being suffered by the inaction of the State Government and Central Government. It is submitted that since last six months, the Central Government has failed to appoint Chairman of the Tribunal and the State Government also failed to appoint second member of the Tribunal. The Central Government and the State Government failed to discharge the statutory obligation, more so, when the controversy relates to the Tribunal for discharging his obligation as appellate authority for payment of compensation to the farmers of the State on account of decaying and damage of potatoes in the cold storages. Keeping in view the matter pending and the inordinate delay in filling vacancy, may cause irreparable loss and injury to the farmers of the State, it shall be appropriate for the State and Central Government to discharge their obligation and to make the Tribunal functional within a reasonable period i.e. before the retirement of the incumbent. Sri I. H. Farooqui, learned Assistant Solicitor General of India and Sri H. P. Srivastava, learned Additional Chief Standing Counsel submits that Central Government as well as the State Government shall take necessary steps to fulfill their obligation under the Act. Sections 35 and 36 of Chapter VII of the Act deals with Constitution of Tribunal, which is reproduced as under: 35. Constitution of Tribunal.? There shall be a Tribunal consisting of the following members, namely?

(a) the Agricultural Marketing Adviser to the Government of India, who shall be the Charmian. (b) the Legal Remembrancer to the Government of Uttar Pradesh or an officer of his department nominated by him not below the rank of Joint Legal Remembrancer. (c) the Secretary to the Government in the Agriculture Department or an officer of that department nominated by him not below the rank of Joint Secretary.

36. Appeal.? Any person aggrieved by an order of the Licensing Officer refusing to grant a license under sub-section (2) of Section 6, or refusing to renew it under sub-section (2) of Section 7 or suspending or cancelling it under sub-section (1) or Section 8, or refusing permission under Section 9, or deciding a dispute referred to in sub-section (1) of Section 14 or in subsection (1) of Section 25, may prefer an appeal to the Tribunal within thirty days from the date of communication of such order, and the decision of the Tribunal thereon shall be final.

4. IT has been submitted that there is no Chairman since long to fulfill the Corum of Tribunal. Only one Member is working and the State Government has also to appoint additional one more Member to make the Corum of the Tribunal complete. Sri H. P. Srivastava, learned Additional Chief Standing Counsel submits that the Director, Horticulture, has also written a letter to Government to nominate a member for the Tribunal.

In view of above, we direct the Central Government as well as State Government to fulfill the Corum of the Tribunal and discharge their respective statutory obligations under the Act to appoint a Chairman of the Tribunal and Member expeditiously say within a period of six weeks from today. Learned Assistant Solicitor General of India as well as the Learned Additional Chief Standing Counsel shall communicate this order immediately.

By an interim order dated 8.8.2011, we have stayed the recovery proceedings subject to payment of Rs. 1,00,000/-. Since the Tribunal is not functional and the litigant may suffer, this Court has ample power to secure the interest of both sides by making an interim arrangement.

5. ACCORDINGLY, without entering into the merits of the case, it is provided that the Tribunal shall take up the appeal with regard to admission as well as for interim relief expeditiously say within a period of three months from the date of receipt of a certified copy of the present order. The petitioner shall furnish a certified copy of the present order to the Tribunal within a week from today. As and when the Government appoint other Member and the Chairman of the Tribunal or the Corum is c

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omplete, the petitioner's case shall be taken on priority basis subject to payment of Rs. 1,50,000.00 (75,000.00 each to the respondent Nos. 5 and 6) with the Tribunal within a period of two weeks, which shall be subject to the further orders passed by the Tribunal. Further recovery proceedings shall remain stayed for a period of four months or till the disposal of the application for stay. It shall be open for the Tribunal to pass appropriate order while deciding the controversy on merit taking into account the payment of Rs. 1,50,000.00. 6. SUBJECT to above, the writ petition is disposed of finally.
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