WP/27998/2005 of P.Uma Shankar, Vs The Visakha Co.operative Dairy represented by its on 30 December 2005

ORDER:

The petitioner questions the action of the respondents in notreleasing the stocks to milk booth No.846/25 without notice orcancelling the authorization and thereby taking away the only sourceof his livelihood as being illegal and arbitrary.

Heard the learned counsel for the petitioner as well as the learnedcounsel for the respondents.

The petitioner submits that he was appointed as an agent to sell themilk products on behalf of the respondents in respect of boothNo.846/25 at Peddagantiada, Gajuwaka, Visakhapatnam District andhe has been discharging duties to the satisfaction of one and allwithout any complaint whatsoever. It is stated that when the petitionerplaced an indent for supply of the milk on 1.7.2005, the respondentsrefused to supply the same. Questioning the said action of the respondents, this writ petition has been filed.

Having regard to the facts and circumstances of the case, I am of theopinion that it is purely a contractual matter between the petitionerand the respondents and if any terms and conditions are violated bythe parties to the agreement, it is open for the petitioner to takeappropriate action claiming damages or file Civil Suit and obtainappropriate orders. It is also open for the petitioner to makerepresentation before the authorities of the respondents. It is statedthat the respondent is a mutually aided co-operative society andtherefore it is not a statutory body and none of its functions arestatutory nature and no writ lies against its action. I do not see anymerit in this writ petition and it is accordingly dismissed. No costs.

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(V.ESWARAIAH, J.)30.12.2005

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