"v^1^ A ^ PETITIONER ESpONDENTS m THE HZGH COURT Or JUDICATURE AT BILASPUR (C.G.) Writ petition No.i2-2-L^/2003. ! Santosh Agrawal, aged 40 years S/o late Nand Lal Agrawal, Proprietor Shyarn Traditig Co. - Gud.tyari Chowk, P.iaipur (C.G.). Versus / • s 1. State of Chhattj-sgarh: . .Through : Secretary,. C6-ogerat;ive •Soeie'fcy, Q.K.S.Bhawan. Ralpur (C.G.) 2. Chhattisgarh State Co-operative Consumer- Tederat.i.on Ltd, .Raiptar havirig braneh inter-aiia at: Jagtaaipar (C,S.) 3. The Colleetor, Bastar O.tstrj.ct iTagdalpur, Distt. Bastar (C.Q<): 4. Sfeate of Madliya .Pradesh - l ''['hroy.gh :: Secretary:,- ; Co-operatIve Soc iety,. ..,•' Bhopal (M.P.) . . 5. Madhya Pradesh State Go-opera'tlvs Consumer 5'ederation Ltd.Bhopal (M.P.) ^•%?<'^ .-.••*' /y'?^?i^'' -A^ WRTT PETITION UNQBR. ^^TIC^^J26/2^7 0?_'GONSTITOT OE' INDIA PQR ISStONGS QS- WRIT JS E'ORM OE- MfUSIi&MUS IBR.: ANX OTHEE. E'OKM OE. SSV OTA'ES. ABPROP&I&TE:. FOKM 0& OIRECTSON :^^ ORQSR UNDE.R, THB B'&CTS ANB GIRCUMSTANCES OF: THE.:;:SASE HIGH CQURT QF CHHATnSGARH AT BILASPUR PETITIONER WRITPETITIONNo. 2216 of 2003 Santosh Agrawal. VERSUS State ofChhattisgarh & Others. RESPONDENTS WRIT PETmON UNDER ARTICLE 226/227 OF THE CONSTITUTION OPINDIA SB:jIon'bkShriSatishJC^Ajznihotn,J. Present: Shri G.S.Agrawal, Senior Advocate with Shri K.R.Nair, Advocate for the petitioner. ^ Shri A.V.Shridhar, Panel Lawyer fbr the iState/respondent No. 1 Shri G.P.Soni, Advocate for the respondent No. 5. ORDERrORAL) (Passed on 23rd day of November, 2010) Leamed counsel appearing for the petitioner submits that the petitioner, uiider the agreemerit dated 17.12.1994 (Almexure P/l), Uas supplied iodme saltto the respondent No. 5 and on aGcounf of supply offhe salt.apaymentto the tune ofRs. 21,24,112.72 p. is ">> " • due and payable to the petitioner. The petitioner referred the dispute to the Deputy Registrar, Cooperative Societies, which was not considered on merit and the same was disnussed on account of the fact that there was aprovision for arbitration. Though, Shri Agrawal submits that there is no dispute as the facts are admitted by the respondents and as such, it may not be proper to refer the matter to the arbitration, however, during the courSe of argument, Shri Agrawal submits that in view of the fact fhat the mattpr is pending eonsideratioh forthe last seven years, the matfer may be'resolved by sending it tathe^Q il •-.-v^- Alnit elause 8 of the aforesaid agreement to decide fhe dispute and ensure payment due to thepetitioner, as expedteously aspossible. Shri Shri(lhar, leamed Panel Lawyer appearing for the respondent No. 1 & 3, and Shri Soni, leamed counsel appearing for the respondent No.5 submit that in fhe interest ofjustice, it would be proper that the dispute involved in fhis'petition with regard to non- payment of dues, fflay be referred to the Collector, Jagdalpur for considering the case of bofh the parties and to pass appropriate order in accordance with law, as expeditiously as possible.. In view ofthe submissions rnade by leamed counsel for the partieSj no adjudication is required at this stage and the petition is disposed of. No order asto costs. However, libertyis grantedto the parties to approachthe Collector, Jagdalpur, forthwith for resolving the dispute. Having regard to the facts situation of the case, Collector, Jagdalpur is directed to consider the matter aad decide the same on its own merits and perspective, in accordance with law, after affording an opportunity of hearing to all theconcemed parties, as early as possible, preferably withm a period ofthree moiiths. Sd/- ; SatisltK.Agaihotri Judge Lli-id' ?