IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION No 12230 of 2001
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SOMNATH KHET PEDAS PROCESSING ANEVECHAN SAHAKARI MANDALI LTD
Versus
STATE OF GUJARAT
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Appearance:
1. Special Civil Application No. 12230 of 2001
MR KS JHAVERI for Petitioner No. 1
MR KP RAVAL, AGP for Respondents No. 1-5
NOTICE SERVED BY DS for Respondent No. 6
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CORAM : MR.JUSTICE M.S.SHAH
Date of Order: 11/01/2002
ORAL ORDER
The present petition is filed by the
petitioner-Cooperative Society under an apprehension that
its registration under the Gujarat Cooperative Societies
Act will be cancelled without due process of law.
However, now it appears that the registration of the
petitioner society is challenged by another party before
the Additional Registrar, Cooperative Societies, Gujarat
State in Appeal No. 165 of 2001 and the petitioner has
received the notices issued by the appellate authority.
2.In this view of the matter, it is clear that the
controversy about the legality of the petitioner’s
registration is pending decision before the Additional
Registrar, Cooperative Societies, Gujarat State who will
decide the matter in accordance with law and, therefore,
the apprehension that the petitioner’s registration will
be cancelled without due process of law is not well
founded. The petition is, therefore, required to be
disposed of as premature.
3.At this stage, the learned counsel for the
petitioner submits that in case final decision of the
appellate authority is against the petitioner, the
respondents may be directed not to implement the same for
some time in order to enable the petitioner-society to
have further recourse in accordance with law.
4.In the facts and circumstances of the case,
without going into the merits of the contentions raised
in this petition, it is directed that if any order
adverse to the petitioner is passed by the appellate
authority, the same shall not be implemented for a period
of three weeks from the date of despatch of the decision
to the petitioner-society by RPAD.
5.Subject to the aforesaid observation, the
petition is disposed of. Notice is discharged with no
order as to costs.
Direct Service is permitted.
(M.S. Shah, J.)
sundar/-