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SCA/4885/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 4885 of 2011
With
SPECIAL
CIVIL APPLICATION No. 4886 of 2011
With
SPECIAL
CIVIL APPLICATION No. 4887 of 2011
With
SPECIAL
CIVIL APPLICATION No. 4943 of 2011
With
SPECIAL
CIVIL APPLICATION No. 4944 of 2011
With
SPECIAL
CIVIL APPLICATION No. 4964 of 2011
With
SPECIAL
CIVIL APPLICATION No. 4965 of
2011
=========================================================
SHREE
JAIKISHEN SEVA SAHKARI MANDLI LTD - Petitioner(s)
Versus
STATE
OF GUJARAT - THROUGH SECRETARY & 4 - Respondent(s)
=========================================================
Appearance
:
MR
BAIJU JOSHI for
Petitioner(s) : 1,
Ms JIRGA JHAVERI AGP for Respondent(s) :
1,
None for Respondent(s) : 2 -
5.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 21/04/2011
ORAL
ORDER
In
this group of matters, the petitioners have challenged the notice
dated 11.04.2011, issued by the Taluka Development Officer, Kalawad
inviting objections regarding registration of proposed societies, in
the very area, where seven societies are already functioning.
Learned
Assistant Government Pleader Ms.Jirga Jhaveri, who is appearing on
advance copy submitted that this being a matter of registration of
society and when only the notice is issued calling upon the
aggrieved to submit their objections, it would be open to aggrieved
to pursue their remedy as available under Section 153 of the Gujarat
Cooperative Societies Act, 1961 (here in after referred to as ‘the
Act’ for the sake of brevity).
This
Court is of the view that the Authority, who is responsible for
registering co-operative society shall have to apply his mind in
respect of requirement of the registration when similar societies
are already existed in the same area, in view of Section – 4
of the Act. Therefore, though the submission canvassed by learned
Assistant Government Pleader appears to be attractive the Court is
inclined to call upon the respondents to answer this petition.
At
this stage, learned Assistant Government Pleader Ms.Jhaveri has
submitted that the matter be posted on 25.04.2011 and meantime, she
will receive appropriate instructions qua issues raised by the
petitioners. Request is accepted, with specific observation that the
Authorities shall have to answer and pass-on appropriate instruction
as to under which authority of law, Taluka Development Officer could
be said to have issue notice, which is not addressed to the
particular society.
Respondent – Authorities may place on record, if there is any
resolution, notification, circular, if any, empowering the Taluka
Development Officer to issue notice, who has admittedly been given
powers by way of delegation for registration of the societies for
the area, in case there is no such authorisation is available then
prima-facie, it can be said that Panchayat is not mindful of the
provision of Section – 4 of the Gujarat Cooperative Societies
Act. All the matters are posted on 25.04.2011.
At
this stage, Learned Assistant Government Pleader Ms.Jhaveri has
submitted that delegation of the powers are given to Taluka
Panchayat. If it was so, then, the Taluka Panchayat acting through
Taluka Development Officer would not have mentioned in his notice
that the proposals are to be forwarded to Assitant District
Registrar, District Panchayat.
There is no delegation so far as the registration of societies by
Taluka Development Officer or Taluka Panchayat. However, if it is
so, requisite notification be placed on record. S.O. to 25.04.2011.
Copy
of this order, be made available to learned Assistant Government
Pleader Ms.Jhaveri for onward communication.
[S.R.BRAHMBHATT,
J.]
..mitesh..
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