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LPA/550/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 550 of 2008
In
SPECIAL CIVIL APPLICATION No. 1250 of 2002
With
CIVIL
APPLICATION No. 6131 of 2008
In
LETTERS PATENT APPEAL No. 550 of 2008
=========================================
MANDVI
TALUKA KHETI PAK NU - Appellant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================
Appearance :
MR
MA KHARADI for Appellant(s) : 1,
GOVERNMENT PLEADER for
Respondent(s) : 1,
DS AFF.NOT FILED (N) for Respondent(s) :
2,
=========================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. K.S.RADHAKRISHNAN
HONOURABLE
MR. JUSTICE MOHIT S. SHAH
Date
: 22/09/2008
ORAL
ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. K.S.RADHAKRISHNAN)
The
issue raised in this Appeal is whether the appellant-petitioner is
bound to pay premium @ 20% of market price for transfer of land upon
merger of Shri Premshankar Khedu Sahakari Jinning and Pressing
Society Limited with Mandvi Taluka Kheti Paknu Rupantar Ane Vechan
Karnara Sahakari Mandli Limited.
On
going through the impugned order, we find that the authorities have
mainly proceeded on the ground that the appellant-petitioner had
agreed to pay the premium @ 20% of market price of the land. But the
question as to `whether upon merger of the two Societies,
petitioner-appellant is bound to pay premium @ 20% of the market
price of land’, has not been considered by the authorities.
At
this stage, learned counsel for the appellant-petitioner submits that
the premium amount @ 20% of the market rate has already been paid by
the previous Society.
In
the aforesaid circumstances, we are inclined to dispose of this
appeal with a direction to the Collector, Surat, to examine as to
whether the appellant-petitioner is again required to pay premium @
20% of the market price, since the appellant-petitioner-Society was
merged with another co-operative Society, even though the
appellant-petitioner has consented and paid the premium amount on the
previous occasion.
Accordingly,
we set aside the impugned order dated 25.06.2007 and direct the
Collector, Surat, to examine as to whether the appellant-petitioner
is again required to pay premium @ 20% of the market price upon
merger of the appellant-petitioner-Society with another co-operative
Society, even though the appellant-petitioner has consented and
previously paid the premium amount and take a fresh decision in
accordance with law within a period of one month from the date of
receipt of this order.
The
Letters Patent Appeal and the Civil Application stand disposed of
accordingly.
Notice is discharged.
(K.S.
RADHAKRISHNAN, C.J.)
(MOHIT
S. SHAH, J.)
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