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SCA/4554/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 4554 of 2010
With
SPECIAL
CIVIL APPLICATION No. 11442 of 2010
=========================================================
KUSUMBENBEN
PRABHATBHAI DESAI CHIEF PROMOTER - Petitioner(s)
Versus
STATE
OF GUJARAT & 4 - Respondent(s)
=========================================================
Appearance
:
MR
PRAVIN P PANCHAL for
Petitioner(s) : 1,
MR NIKUNT RAVAL, LD.ASST.GOVERNMENT PLEADER for
Respondent(s) : 1,
NOTICE SERVED BY DS for Respondent(s) : 1 -
5.
MR VC VAGHELA for Respondent(s) :
4,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 21/09/2010
COMMON
ORAL ORDER
By
way of present petitions, the petitioner has inter alia prayed to
quash and set aside the order dated 15th May 2009 passed
by the respondent No.3 as well as the order dated 26th
November 2009 passed by the respondent No.2 and the order dated
19th February 2010 passed by the respondent No.1 and to
direct the respondent No.3 to register the Society proposed by the
petitioner.
During
the course of hearing today, Mr.B.S. Patel, learned advocate for the
petitioner, has submitted that he does not challenge the
registration of the respondent No.4-The Juna Kalana Mahila Dudh
Utpadak Sahakari Mandali Limited. In that view of the matter, the
respondent No.3 is hereby directed not to disturb the registration
of respondent No.4 as aforesaid. However, Mr.V.C. Vaghela, learned
advocate for the respondent No.4, has clearly conceded that he also
does not have any objection if the petitioner is registered as
prayed for by the petitioner.
In
view of aforesaid, present petitions are hereby partly allowed. The
impugned orders passed by the respondent Nos.1, 2 and 3 respectively
are hereby quashed and set aside. The matters are remanded to the
respondent No.3. The petitioner will approach the respondent No.3
for change of name of the Society which will not be objected to by
the respondent No.4 herein. The respondent No.3 is also directed to
register the society of the petitioner since the respondent No.4 has
no objection. The petition stands disposed of accordingly.
Direct
Service is permitted.
(K.S.
Jhaveri, J)
Aakar
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