Gujarat High Court Case Information System
Print
LPA/176/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 176 of 2010
In
SPECIAL
CIVIL APPLICATION No. 11304 of 2009
=========================================================
JAY
VIJAY MAHILA MANDAL - Appellant(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
=========================================================
Appearance
:
MR
HARNISH V DARJI
for
Appellant
MS KRINA CALLA AGP for Respondent(s) : 1 - 3.
MR
MASUD I PATEL for Respondent(s) :
4,
=========================================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE AKIL KURESHI 21st January 2011
ORAL
ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
The petitioner, who was registered as Self Help Group, applied
for allotment of a Consumer Store under the Pandit Din Dayal Consumer
Stores Scheme. Though, his name was included in serial no.1 of the
select list and granted Consumer Store for village-Bhathan,
Taluka-Limbdi, District Surendranagar, however, at the instance
of the 4th respondent, the matter was taken up by the
respondent-State authorities which cancelled the said allotment and
granted it in favour of the 4th respondent on the ground
that the Self Help Group is no more recognized under the new
Swarnjayanti Gram Swarozgar Yojana [SGSY] Scheme. The appellate
authority rejected the appeal, which having been affirmed by the
learned Single Judge, the present Appeal under Clause 15 of the
Letters Patent has been preferred.
Learned counsel appearing
on behalf of the appellant referred to second part of paragraph 3.7
of Swarnjayanti Gram Swarozgar Yojana guidelines issued by the
Government of India to suggest that a large number of Self Help
Groups under the different scheme, including DWCRA groups, NABARD and
other Banks, etc., have also been recognized under the new S.W.S.Y
Scheme guidelines. In that view of the matter, learned counsel
appearing on behalf of the State sought for and is allowed time to
obtain instructions to state as why the Self Help Group under DWCRA
group Scheme is not declared to have been recognized under the new
S.W.S.Y Scheme and appellant be not given relief as was sought for in
the writ petition.
Appeal may be disposed of
on the next date of hearing. Post the matter on 11th
February 2011.
{S.J
Mukhopadhaya, CJ.}
{Akil
Kureshi, J.}
Prakash*
Top