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SCA/9710/2000 4/ 4 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9710 of 2000
For
Approval and Signature:
HONOURABLE
MR.JUSTICE M.R. SHAH
=========================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To
be referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================
RAJPUT
KHENGARJI WAGHAJI - Petitioner(s)
Versus
CHAIRMAN
AGRICULTURAL PRODUCTION COOPERATION & & 3 - Respondent(s)
=========================================
Appearance :
MR
BHARAT T RAO for
Petitioner(s) : 1,
DELETED for Respondent(s) : 1,
MR HS MUNSHAW
for Respondent(s) : 2 - 3.
MR VC VAGHELA for Respondent(s) :
4,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 12/10/2011
ORAL
JUDGMENT
1. By
way of this petition under Article 226 of the Constitution of India
the petitioner has prayed for an appropriate writ, order or direction
quashing and setting aside the impugned order dated 29/07/2000 passed
by the Additional Registrar in Appeal No. 102/1999 and the order
dated 31/08/2000 passed by the Deputy Secretary in Revision
Application No. 140/2000 rejecting the registration granted to the
petitioner-Society.
2. The
facts leading to the present Special Civil Application in a nutshell
are as under;
3. The
petitioner-Society was registered under the provisions of the Gujarat
Co-operative Societies Act by the Agricultural Production Cooperation
and Irrigation Committee of the District Panchayat, Banaskantha vide
Resolution No. 4 dated 13/05/1999 and the same was challenged by
respondent no. 3 before the Additional Registrar (Co-operative
Society) by way of Appeal No. 102/1999 and by impugned order dated
29/07/2000 the appellate authority allowed the said Appeal and
quashed and set aside Resolution No. 4 dated 13/05/1999 of
Agricultural Production Cooperation and Irrigation Committee of the
District Panchayat, Banaskantha and cancelled the registration, which
was in favour of the petitioner. Being aggrieved and dissatisfied
with the order passed by the Additional Registrar (Co-operative
Society) (Appeals), the petitioner preferred Revision Application
before the State Government, which came to be dismissed by the
Deputy Secretary by impugned order dated 31/08/2000 in Revision
Application No. 140/2000. Being aggrieved and dissatisfied with the
impugned orders, the petitioner has preferred the present Special
Civil Application under Articles 226 and 227 of the Constitution of
India.
4. After
the matter was argued for some time by the learned advocates
appearing on behalf of the respective parties, there is a broad
consensus between the learned advocates appearing on behalf of the
respective parties, under instructions from their respective clients,
that let the impugned orders be quashed and set aside and the matter
be remanded to the Committee for deciding the application of the
petitioner for registration under the Gujarat Co-operative Societies
Act afresh in accordance with law and on its on merits and after
giving an opportunity to all the concerned, inclusive of respondent
no. 3 and to take an appropriate decision after considering the
objections that may be raised by respondent no. 3 and take into
consideration whether by registering the petitioner under the
Gujarat Co-operative Societies Act, whether respondent no. 3 and/or
any other Society is likely to be affected or not. The learned
advocates appearing on behalf of the respective parties do not invite
any further reasoned order while quashing and setting aside the
impugned orders and remanding the matter to the appellate authority.
5. In
view of the above broad consensus between the learned advocates
appearing on behalf of the respective parties and without expressing
anything on merits in favour of either parties, the impugned orders
passed by the Additional Registrar (Co-operative Society) (Appeals)
dated 29/07/2000 in Appeal No. 102/1999 as well as the revisional
authority dated 31/08/2000 in Revision Application No. 140/2000 are
hereby quashed and set aside and Resolution No. 4 dated 13/05/1999 of
the Agricultural Production Cooperation and Irrigation Committee of
the District Panchayat, Banaskantha is also quashed and set aside
and the matter is remanded to the Agricultural Production Cooperation
and Irrigation Committee of the District Panchayat, Banaskantha to
take an appropriate decision in accordance with law and on its own
merits on the proposal of the petitioner-Society to register it under
the provisions of the Gujarat Co-operative Societies Act after giving
an opportunity to the petitioner as well as respondent no. 3 and
Agricultural Production Cooperation and Irrigation Committee of the
District Panchayat, Banaskantha to take an appropriate decision in
accordance with law and on its own merits considering the objections
that may be raised by respondent no. 3 and considering whether by
registering the petitioner under the Gujarat Co-operative Societies
Act, respondent no. 3 is likely to be affected or not. The aforesaid
exercise shall be completed within a period of six months from the
date of receipt of the present order. Rule is made absolute to the
aforesaid extent. No cost.
(M.R.
SHAH, J.)
siji
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