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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
To
SPECIAL
CIVIL APPLICATION No. 4887 of 2011
With
SPECIAL
CIVIL APPLICATION No. 4943 of 2011
To
SPECIAL
CIVIL APPLICATION No. 4944 of 2011
With
SPECIAL
CIVIL APPLICATION No. 4964 of 2011
To
SPECIAL
CIVIL APPLICATION No. 4965 of 2011
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SHREE
JAIKISHEN SEVA SAHKARI MANDLI LTD - Petitioner
Versus
STATE
OF GUJARAT - THROUGH SECRETARY & 4 - Respondents
=================================================
Appearance
:
MR BAIJU JOSHI for
Petitioner:
MS. JIRGA JHAVERI, LD. AGP for Respondent: 1,
None
for Respondents : 2 -
5.
=================================================
CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 25/04/2011
COMMON
ORAL ORDER
:
In
this group of petitions, this Court on 21/4/2011 passed an order,
indicating the grounds on which the petitions were filed challenging
the notice dated 11/4/2011, and challenge to the action for process
of registration of new proposed societies.
Today,
learned AGP Ms. Jhaveri has placed on record the communication from
Taluka Development Officer, Kalawad to Addl. District Registrar,
Jamnagar, indicating that the notices dated 11/4/2011 is revoked for
the reasons stated thereunder. Copy of the said communication
is taken on record. Learned AGP has placed on record fax copy of the
new notices dated 18/4/2011 / 20/4/2011 to the 7 petitioners calling
upon them to furnish their objections, if any, and fixing the
hearing on 26/4/2011 / 27/4/2011. This fax copy of the notices are
also taken on record.
Learned
advocate for the petitioners stated that, some of the petitioners
have received notices only on 23/4/2011. Be that as it may; this
Court is of the view that even when the order was made on 21/4/2011
by this Court, the notices impugned in this group of petitions did
not exist.
Learned
advocate for the petitioners therefore withdraw this group of
petitions with a view to take out fresh petitions challenging the
notices dated 18/4/2011 and 20/4/2011 and submits that, the fresh
notices which are intended to be challenged also suffer from patent
illegality, some of them could be summarised as under, namely;
i)
The authority while inviting objection has called upon the
petitioners society to produce balancesheet from the date of
registration till the date of hearing.
ii)
Documentary evidences and testimonials to indicate that the society,
i.e. the objector is functioning as per its objects.
The
permission for withdrawal is granted, with a liberty to file fresh
petition challenging the notices, registration process and proposed
registration that have been issued. At this stage Ms. Jhaveri,
learned AGP under instructions from Shri D.K. Gamit, Addl. District
Registrar, Panchayat, stated that even the notices dated 18/4/2011 &
20/4/2011 are withdrawn with a view to issue fresh notices in
accordance with law. In view of this statement, the petitions are
disposed of as withdrawn. It is observed & clarified that the
authority is entitled to invite objections in accordance with law
and if the petitioners are aggrieved in any manner, they are also at
liberty to challenge the same, in accordance with law. No costs.
Office to maintain copy of this order in each of the petitions.
[
S.R. BRAHMBHATT, J ]
/vgn
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