SCA/8719/2008 5/ 5 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 8719 of 2008 ========================================================= SARIYAD DOODH UTPADAK SAHAKARIMANDALI LTD - Petitioner(s) Versus STATE OF GUJARAT & 6 - Respondent(s) ========================================================= Appearance : MR PRAKASH K JANI for Petitioner(s) : 1, MR KAMAL TRIVEDI, AG WITH MS SANGEETA VISHAN, AGP for Respondent(s) : 1 - 2. NOTICE SERVED BY DS for Respondent(s) : 1 - 7. ========================================================= CORAM : HONOURABLE MR.JUSTICE JAYANT PATEL Date : 15/09/2008 ORAL ORDER
The
petitioner by this petition has prayed for the relief inter alia to
quash and set aside the report dated 29.4.2008, of the District
Registrar, and the report dated 17.5.2008, of the State Registrar.
It is also prayed by the petitioner to direct State Government not
to interfere with the investigation. The petitioner has also prayed
to direct respondent not to pass any order for withdrawal of the
complaint. However, it appears that pending the proceedings the
order has been passed by the State Government vide letter 11.6.2008
for withdrawal of the complaint. The petitioner has also prayed to
direct Police Officer concerned to investigate the complaint
registered vide C.R. No. I-37 of 2008.
Heard
Mr. Jani learned Counsel for the petitioner and Mr. Kamal Trivedi,
learned AG with Ms. Sangeeta Vishan learned AGP for the State
Authority. Mr. Jani learned Counsel for the petitioner states that
respondent No. 6, who is accused in the complaint is served.
However, none appears for him.
Upon
hearing learned Counsel for the parties, it appears that initially
after issuance of the notice, on 17.7.2008 this Court (Coram: Ravi
R. Tripathi,J.) following order was passed:
Ms.Calla,
learned AGP, though granted time on 10.07.2008 so as to enable the
Government to issue necessary instructions to the learned AG to
appear in the matter, till date, instructions are not received.
Learned AGP Ms.Calla requested that as a last chance, a week’s time
may be granted, during which necessary instructions may be issued to
the learned AG to appear in the matter, failing which the learned AGP
will go on with the matter.
Looking
to the nature of the controversy involved in the matter, it is deemed
fit that a last opportunity be given to the authorities to avail the
services of the learned AG. The matter is adjourned to 24.07.2008 as
final chance. On that day, the matter will proceed even if the
authorities are not able to procure the services of the learned AG.”
Thereafter,
on 22.8.2008 following order was passed:
The
Learned Advocate General is awaiting instruction in writing. At his
request, the matter is adjourned to 5th September,2008.
The Learned Advocate General states that in the meantime, letter
dated 11.06.2008 Annexure ‘F’ and ‘G’ from Agricultural &
Co-operation Department to the Registrar, Co-operative Societies,
Gandhinagar, and from the Registrar, Co-operative Societies,
Gandhinagar, to the District Collector, Police Officers, and District
Registrar, Co-operative Societies, will not be acted upon. Similarly
letter dated 12.06.2008 addressed by the District Registrar, to the
Police Officer will also not be acted upon.
Direct
service is permitted.
In
view of the aforesaid declaration made by the learned AG, the letter
dated 11.6.2008, of the State Government for withdrawal of the
complaint at Annexure-F would not survive, since on behalf of the
State Government, learned AG has declared that the same will not
acted upon. As a consequence thereof the letter issued by the State
Registrar dated 11.6.2008 Annexure G, also would not survive, and
same situation will prevail, even in respect to the letter dated
12.6.2008 Annexure-H, which would also not survive.
Hence,
in view of the above, decision of the State Government for
withdrawal of the complaint would no more remain in operation.
Consequently, the police may be required to proceed in accordance
with law in respect to the complaint vide C.R. No. I-37 of 2008,
registered before the police officer in-charge of Vagdod Police
Station, Patan.
As
the cause of the petitioner would not survive, in view of the
declaration made on behalf of the State Government and the
observations made hereinabove, it can be said that the petition has
become infructuous. No further orders are required to be passed.
The
petition is disposed of accordingly.
(JAYANT PATEL, J.)
Suresh*