Gujarat High Court
Nikava Seva Sahakari Mandli Ltd Thro ... vs State Of Gujarat & 5 on 21 October, 2015
Author: Anant S.Dave
Bench: Anant S. Dave, Z.K.Saiyed
C/LPA/2015/2011 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS PATENT APPEAL NO. 2015 of 2011
In
SPECIAL CIVIL APPLICATION NO. 13877 of 2011
With
LETTERS PATENT APPEAL NO. 2097 of 2011
In
SPECIAL CIVIL APPLICATION NO. 13873 of 2011
TO
LETTERS PATENT APPEAL NO. 2100 of 2011
In
SPECIAL CIVIL APPLICATION NO. 13876 of 2011
With
LETTERS PATENT APPEAL NO. 273 of 2012
In
SPECIAL CIVIL APPLICATION NO. 13856 of 2011
With
LETTERS PATENT APPEAL NO. 2018 of 2011
In
SPECIAL CIVIL APPLICATION NO. 13872 of 2011
With
LETTERS PATENT APPEAL NO. 272 of 2012
In
SPECIAL CIVIL APPLICATION NO. 13855 of 2011
================================================================
NIKAVA SEVA SAHAKARI MANDLI LTD THRO AUTHORIZED
REPRESEN....Appellant(s)
Versus
STATE OF GUJARAT & 5....Respondent(s)
================================================================
Appearance:
MR DIPEN DESAI, ADVOCATE for the Appellant(s) No. 1
GOVERNMENT PLEADER for the Respondent(s) No. 1
MR VC VAGHELA, ADVOCATE for the Respondent(s) No. 6
MS KHYATI P HATHI, ADVOCATE for the Respondent(s) No. 3 - 5
Page 1 of 3
HC-NIC Page 1 of 3 Created On Thu Oct 22 02:53:36 IST 2015
C/LPA/2015/2011 ORDER
NOTICE SERVED BY DS for the Respondent(s) No. 2
================================================================
CORAM: HONOURABLE MR.JUSTICE ANANT S. DAVE
and
HONOURABLE MR.JUSTICE Z.K.SAIYED
Date : 21/10/2015
COMMON ORAL ORDER
(PER : HONOURABLE MR. JUSTICE ANANT S. DAVE) Heard learned counsels for the parties.
Pursuant to order dated 01.07.2014 passed by this Court an additional affidavit is filed by respondent No.2 dated 08.08.2014 in which order dated 31.08.1981 issued by the Department of Agriculture, Forest and Cooperation of State of Gujarat passed in exercise of powers conferred by Section 156 of Gujarat Cooperative Societies Act, 1961, in supersession of earlier orders delegating the powers, function and duties of the Registrar of Cooperative Societies, as specified in ScheduleI to the above order.
In view of the above, Ms. Khyati Hathi, learned advocate for District Panchayat would contend that order impugned before the learned Single Judge was passed by the concerned Panchayat pursuant to such delegated powers by the State of Gujarat and, therefore, would be subject to appeal under Section 153 of the Cooperative Societies Act, 1961.
Stand over to 28th October, 2015.
Page 2 of 3HC-NIC Page 2 of 3 Created On Thu Oct 22 02:53:36 IST 2015 C/LPA/2015/2011 ORDER (ANANT S.DAVE, J.) (Z.K.SAIYED, J.) pvv Page 3 of 3 HC-NIC Page 3 of 3 Created On Thu Oct 22 02:53:36 IST 2015