145 , 2012 (5 )RCR(Civil)831 , 2011 (9 )SCALE688 , (2011 )9 SCC286 , ,MANU/SC/1020/2011
P. Sathasivam#B.S. Chauhan#2131SC3130Judgment/OrderAIR#INSC#JT#MANU#RCR (Civil)#SCALE#SCCB.S. Chauhan,Cooperative Societies#Cooperative SocietiesSUPREME COURT OF INDIA2012-9-24Estoppel,Estoppel,Arbitrariness,Right to Equality,Fundamental Rights,Protection of Certain rights Regarding Freedom of Speech, etc.,Right to Freedom,Fundamental Rights,Protection of Certain rights Regarding Freedom of Speech, etc.,Right to Freedom,Fundamental Rights,Extent of laws made by Parliament and by the Legislatures of States,Legislative Relations,Relations Between the Union and the States,Law of Evidence,Constitution of India16910,16916,16911,16912,16908 -->
MANU/SC/1020/2011
True Court CopyTM English
IN THE SUPREME COURT OF INDIA
Civil Appeal Nos. 2188, 2189-2212 and 4588 of 2008
Decided On: 02.09.2011
Appellants: A.P. Dairy Development Corporation Federation Vs. Respondent: B. Narasimha Reddy and Ors.
Hon'ble Judges/Coram:
P. Sathasivam and B.S. Chauhan JUDGMENT
B.S. Chauhan, J.
1. All these appeals have been preferred against the impugned judgment and order dated 1st May, 2007 of the High Court of Judicature, Andhra Pradesh at Hyderabad in Writ Petition No. 2214 of 2006, by which the High Court has struck down the provisions of Andhra Pradesh Mutually Aided Co-operative Societies (Amendment) Act, 2006 (hereinafter called as 'Act 2006') as unconstitutional and further declared that even if the Act 2006 is to be considered constitutional, provisions providing that the Boards of Directors appointed under the Andhra Pradesh Mutually Aided Co-operative Societies Act, 1995 (hereinafter called 'Act 1995') shall be deemed to have been continued under the provisions of A.P. Co-operative Societies Act, 1964 (hereinafter called 'Act 1964'), and further G.O. Ms. No. 10 Animal Husbandry, Dairy Development & Fisheries (Dairy-II) Department, dated 4.2.2006 and the consequential proceedings/orders of the Milk Commissioner and Registrar of Milk Co-operatives and the District Collectors concerned in these regards, are quashed.
2. Facts:
A. The Government of Andhra Pradesh introduced an integrated milk project in the State with the assistance of the UNICEF, according to which, the rural surplus milk produced in the villages was transported to chilling centres and supplied to consumers of Hyderabad. A milk conservation plant/milk products factory was established at Vijayawada in 1969 as a part of the project. In the meanwhile, the Act 1964 came into force w.e.f. 1.8.1964.
B. In years 1970-71, the Government of Andhra Pradesh set up an independent Dairy Development Department (hereinafter called the 'Department') and intensive efforts were made by the Government to give a boost to the Department taking various measures.
C. In year 1974, Andhra Pradesh Dairy Development Corporation Ltd. (hereinafter called the 'Corporation'), a company under the Indian Companies Act, 1956, fully owned by the State Government was constituted and the entire dairy infrastructure and assets of the Department of the State stood transferred to the said