Gujarat High Court Case Information System
Print
SCA/13620/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 13620 of 2010
=========================================================
DEVANGBHAI
RAMESHCHANDRA GANDHI - Petitioner(s)
Versus
REGISTRAR
OF CO-OPERATIVE ACT & 2 - Respondent(s)
=========================================================
Appearance :
MR
PH PATHAK for
Petitioner(s) : 1,
GOVERNMENT PLEADER for Respondent(s) :
1,
NOTICE SERVED BY DS for Respondent(s) : 2 - 3.
MR KK TRIVEDI
for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 26/10/2010
ORAL
ORDER
By
way of this petition the petitioner has prayed for following reliefs.
“A. The
Hon’ble Court be pleased to issue an order, writ in the nature of
mandamus and / or certiorari or any other appropriate writ, order or
direction, declaring the impugned decision of the respondent No.1
dated 07/07/2010 as arbitrary, illegal and be pleased to quash and
set aside the same and direct the respondent no.1 to report actions
taken against respondents no.2 and 3 and further direct the
respondent Nos.2 and 3 to deposit the remain amount as per reserve
price and pay to the petitioner.
B. Pending
admission and final disposal of the petition be pleased to direct the
respondent No.1 to take actions against respondent No.2 and 3 and
report conclusion.
C. Any
other further relief deem fit and proper in interest of justice.”
2. Having
heard the learned Advocates appearing for the respective parties and
having considered the allegations levelled against the respondent in
the matter, I am of the opinion that interest of justice would be met
if the District Registrar, Surat District is directed to hold an
independent inquiry to look into the allegations levelled in the
petition. This Court is conscious of the fact that District
Registrar, Surat is not party to the proceedings.
3. The
respondent No.1-Registrar, Co-operative Society, State of Gujarat is
hereby directed to issue necessary directions to District Registrar,
Surat District to hold an independent inquiry to look into the
allegations levelled against the respondent No.2 in the petition. The
District Registrar, Surat will pass appropriate orders after giving
an opportunity of hearing to respondent No.2 or any representative of
the respondent No.2 – Bank. It will be open for the respondent
No.2 to raise all contentions including that of jurisdiction. Both
the sides will approach the District Registrar, Surat within a period
of four weeks from today and the District Registrar, Surat will pass
an order after considering the contentions raised by respective
parties, within a period of four months thereof.
4. It
is made clear that this Court has not expressed any opinion on merits
and it will be open for the District Registrar, Surat to take
independent decision after conducting inquiry without being
influenced by any order. The petition stands disposed of accordingly.
(K
S JHAVERI, J.)
sompura
Top