Gujarat High Court
Taralbhai Satishbhai Shah vs State Of Gujarat Through Secretary on 7 January, 2022
Author: Bhargav D. Karia
Bench: Bhargav D. Karia
C/SCA/16256/2010 JUDGMENT DATED: 07/01/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 16256 of 2010
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE BHARGAV D. KARIA
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1 Whether Reporters of Local Papers
may be allowed to see the judgment ?
2 To be referred to the Reporter or
not ?
3 Whether their Lordships wish to see
the fair copy of the judgment ?
4 Whether this case involves a
substantial question of law as to
the interpretation of the
Constitution of India or any order
made there under?
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TARALBHAI SATISHBHAI SHAH & 10 other(s)
Versus
STATE OF GUJARAT THROUGH SECRETARY & 20 other(s)
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Appearance:
MR DHAVAL DAVE, SENIOR ADVOCATE WITH MR PA JADEJA(3726)
for the Petitioner(s) No. 1,10,11,2,3,4,5,6,7,8,9
MS VIDHI J BHATT(6155) for the Petitioner(s) No.
1,10,11,2,3,4,5,6,7,8,9
MS VIRAJ S FOZDAR(5039) for the Petitioner(s) No.
1,10,11,2,3,4,5,6,7,8,9
for the Respondent(s) No. 4,5,8
MR DHAWAN JAYSWAL, AGP for the Respondent(s) No. 1
MR NV GANDHI(1693) for the Respondent(s) No.
11,12,14,16,7
RULE SERVED for the Respondent(s) No.
10,13,17,18,19,2,20,21,3,9
SERVED BY AFFIX. (R) for the Respondent(s) No. 6
UNSERVED EXPIRED (R) for the Respondent(s) No. 15
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C/SCA/16256/2010 JUDGMENT DATED: 07/01/2022
CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA
Date : 07/01/2022
ORAL JUDGMENT
1. Heard learned Senior Advocate Mr. Dhaval Dave assisted by learned advocate Mr.P.A. Jadeja for the petitioners and learned Assistant Government Pleader Mr. Dhawan Jayswal for the respondent-State.
2. By this petition under Articles 226 and 227 of the Constitution of India, the petitioners have prayed for the following reliefs:
"(A) Your Lordships may be pleased to issue a writ of certiorari to vacate the order dated 23.11.2010 passed by the Deputy Secretary (Appeals), Department of Agriculture & Cooperation, Gujarat State in Revision Application No. 197/10 (Annexure-A);
(B) Your Lordships may be pleased to issue a writ of certiorari to vacate the order dated 28.04.2010 passed by the Additional Registrar (Appeals), Cooperative Societies, Gujarat State in Revision Application No.33/09 (Annexure- E).
(C) Your Lordships may be pleased to issue a writ of certiorari to vacate the order dated 19.01.2000 passed by the District Registrar of Cooperative Page 2 of 25 Downloaded on : Sat Dec 24 08:27:07 IST 2022 C/SCA/16256/2010 JUDGMENT DATED: 07/01/2022 Societies (City), Ahmedabad, respondent no.2 herein (Annexure-D).
(D) Pending admission and final hearing of the present petition, Your Lordships may be pleased to stay the operation and implementation of the order dated 23.11.2010 passed by the Deputy Secretary (Appeals), Department of Agriculture & Cooperation, Gujarat State in Revision Application No. 197/10 (Annexure-A), order dated 28.04.2010 passed by the Additional Registrar (Appeals), Cooperative Societies, Gujarat State in Revision Application No.33/09 (Annexure-E), order dated 19.01.2009 passed by the District Registrar of Cooperative Societies (City), Ahmedabad, respondent no.2 herein (Annexure-D).
(E) Be pleased to grant such other and further relief/s as this Honourable High Court deems fit in the interest of justice."
3. The petitioners have challenged the order dated 23rd November, 2010 passed by the Deputy Secretary (Appeals), Agriculture and Cooperation department in revision whereby the order dated 19th January, 2009 passed by the District Registrar of Cooperative Societies removing the petitioners as members of the cooperative society was confirmed.
4. This Court by order dated 10th July 2012 dismissed the petition against which Letters Page 3 of 25 Downloaded on : Sat Dec 24 08:27:07 IST 2022 C/SCA/16256/2010 JUDGMENT DATED: 07/01/2022 Patent Appeal No. 1060/2012 was preferred. The Division Bench by order dated 21st April, 2016 allowed the Letters Patent Appeal, quashed and set aside the order dated 10th July 2012 and remanded the matter back for hearing.
5. Thereafter by order dated 6th June, 2016 considering the remand order passed by the Division Bench in Letters Patent Appeal No.1060/2012, the petition is admitted.
6. The factual matrix of the matter is that Ramdevpir Cooperative Housing Society Limited Part-I (For short "the society") was registered on 8th July, 1999 under the provisions of the Gujarat Cooperative Societies Act, 1961 (For short "the Act, 1961").
6.1) The Ahmedabad Urban Development Authority (For short "AUDA") granted development permission on 17th January, 2000 to the society for construction of the dwelling units. The petitioners were admitted as members of the society in the month of August, 2001 and share certificates, allotment letters and possession letters were issued by the society to the petitioners.
Page 4 of 25 Downloaded on : Sat Dec 24 08:27:07 IST 2022C/SCA/16256/2010 JUDGMENT DATED: 07/01/2022 6.2) The society instead of using the land for the construction of the dwelling units, constructed a community hall and a hostel in addition to 13 dwelling units and sought revised development permission from AUDA. AUDA granted revised development permission on 29th November, 2005.
6.3) The society made an application dated 24th December, 2007 under section 17 of the Act, 1961 before the District Registrar of Cooperative Societies-respondent no.2 for division of the society in two distinct societies i.e. Ramdevpir Cooperative Housing Society Ltd. Part-I comprising of 13 members and Madhur Commercial Cooperative Housing Society Ltd. comprising of 40 members.
6.4) The District Registrar of Cooperative Societies forwarded the said application on 1st April, 2008 to the Registrar of Cooperative Societies.
6.5) The trustee of Modh Vanik Samaj Seva trust, Shri Anantray Narayandas Shah instituted Civil Suit No.2277/2006 in City Civil Court at Ahmedabad in the month of October, 2006 against the trust, society and Page 5 of 25 Downloaded on : Sat Dec 24 08:27:07 IST 2022 C/SCA/16256/2010 JUDGMENT DATED: 07/01/2022 others praying that the community hall and the hostel be declared to be the trust property.
6.6) An application under Order VII Rule 11(d) of the Code of Civil Procedure, 1908 was filed by the defendants in the said suit for rejection of the plaint on the ground that the suit was time barred as per the provisions of Bombay Public Trust Act, 1950. The City Civil Court, Ahmedabad by order dated 25th April, 2007 rejected the said application Exh.24 in the Civil Suit.
6.7) One of the petitioners of this petition and defendant in Civil Suit No.2277/2006 preferred Special Civil Application No.11907/2007 before this Court challenging the said order. This Court by order dated 3rd May, 2007 admitted the matter and directed the parties to maintain status- quo and undertaking to be filed by the parties to that effect.
6.8) Respondent no.4 Sanjaybhai Jayantilal Mehta, member of the society, filed an application dated 23rd July, 2008 before the District Registrar-respondent no.2 under section 23 of the Act, 1961 alleging Page 6 of 25 Downloaded on : Sat Dec 24 08:27:07 IST 2022 C/SCA/16256/2010 JUDGMENT DATED: 07/01/2022 irregularities in admission of 40 members of the society whereas the society constructed only 13 dwelling units.
6.9) The District Registrar after hearing the respective parties by order dated 19th January, 2009 ordered to remove 40 members while invoking the provisions of section 23 of the Act, 1961.
6.10) Out of the 40 members, 11 members who are the petitioners in this petition preferred Revision Application No.33/2009 challenging the order dated 19th January, 2009 passed by the District Registrar before the Additional Registrar (Appeals)- respondent no.3.
6.11) Respondent no.3 after hearing the parties, dismissed the Revision Application No. 33/2009 vide order dated 28th April, 2010.
6.12) The petitioners therefore, preferred Revision Application No. 197/2010 before the Deputy Secretary (Appeals), Department of Agriculture & Cooperation, challenging the order dated 28th April, 2010 passed by respondent no.3.
Page 7 of 25 Downloaded on : Sat Dec 24 08:27:07 IST 2022C/SCA/16256/2010 JUDGMENT DATED: 07/01/2022 6.13) The Deputy Secretary (Appeals) by order dated 23rd November, 2010 dismissed the revision application filed by the petitioners.
7. Learned Senior Advocate Mr. Dhaval C. Dave assisted by learned advocate Mr.P.A. Jadeja for the petitioners submitted that the order passed by the respondent authorities invoking the provisions of section 23 of the Act, 1961 is contrary to the provisions of the said section inasmuch as, as per the provisions of section 23, removal from membership of a society can be ordered when the declaration made by the member is found to be false and in the facts of the case, respondent authorities have not come to the conclusion that the petitioners had given false declaration.
7.1) It was submitted that the respondent authorities could not have initiated the proceedings under section 23 of the Act, 1961 on the basis of the application made by respondent no.3 ignoring the fact that the society issued the share certificates, allotment letters and possession letters to the petitioners and therefore, the petitioners could not have been removed under Page 8 of 25 Downloaded on : Sat Dec 24 08:27:07 IST 2022 C/SCA/16256/2010 JUDGMENT DATED: 07/01/2022 section 23 of the Act, 1961.
7.2) In support of his submission learned Senior Advocate Mr. Dave relied upon the decision of this Court in case of Vikrambhai Dhirajibhai Patel v. A.S. Jog and another reported in AIR 1989 Gujarat 233 to submit that the disqualification to continue as member of the society under sub-section(1) of section 23 and the occasion to exercise the power of removal under sub-section(2) of section 23 of the Act,1961 can arise only in case if the member has acquired the membership of the society on his making a declaration as required by the bye-laws of the society or other-wise and such declaration is found to be false.
7.3) It was pointed out that in the facts of the said case, in view of relevant bye- laws, it was not necessary that declaration was required to be made that the petitioner was permanent resident of a particular village and in such circumstances, removal of the member while invoking the provisions of sub-section(2) of section 23 of the Act, 1961 by the District Registrar, Cooperative Societies, was held to be without jurisdiction.
Page 9 of 25 Downloaded on : Sat Dec 24 08:27:07 IST 2022C/SCA/16256/2010 JUDGMENT DATED: 07/01/2022 7.4) It was further submitted that the construction of the community hall and hostel was authorised by AUDA granting revised development permission to the society on 29th November, 2005 and the petitioners were allotted a room each in hostel and therefore the petitioners could not have been removed from the membership of the society. It was also pointed out that the application filed by the society under section 17 of the Act, 1961 for division of society into two distinct societies was pending with the Registrar of Cooperative Societies and therefore, the removal of the petitioners as members of the society is illegal.
7.5) It was submitted by learned Senior Advocate Mr. Dave that the impugned order suffers from delay and laches as the petitioners were the members of the society since 2001 whereas the impugned order was passed by the respondent no.2-District Registrar in the year 2008.
7.6) It was submitted that the community hall and the hostel which are claimed to be trust property is the subject matter of Civil Suit No. 2277/2006 pending in the City Civil Page 10 of 25 Downloaded on : Sat Dec 24 08:27:07 IST 2022 C/SCA/16256/2010 JUDGMENT DATED: 07/01/2022 Court, Ahmedabad. It was submitted that the respondent authorities have entertained the application of respondent no.3 inspite of status-quo order granted by this Court on 3rd May, 2007 in Special Civil Application No.11907/2007 whereby the order passed by the City Civil Court in the Civil Suit was challenged.
8. On the other hand, learned Assistant Government Pleader Mr. Jayswal submitted that there are concurrent findings of fact arrived at by the respondent authorities. It was submitted that though the petitioners have been the members of the society since 2001, the society did not construct the dwelling units for the petitioners but instead thereof constructed community hall and hostel on the land of the society which was meant for residential houses of its members. It was submitted that the share certificates, possession letters issued by the society to the petitioners is in respect of the particular rooms in the hostel and as such there is clear breach of bye-laws of the society which stipulates allotment of residential dwelling unit to the member of the society. It was pointed out that instead of constructing 100 dwelling units, the Page 11 of 25 Downloaded on : Sat Dec 24 08:27:07 IST 2022 C/SCA/16256/2010 JUDGMENT DATED: 07/01/2022 society constructed only 13 residential dwelling units and in fragrant breach of bye- laws of the society, the society constructed community hall and hostel without taking any permission either from AUDA at the relevant time or the District Registrar.
8.1) It was submitted that only 11members out of 40 members have been aggrieved by the action taken by the respondent authorities of removal of the membership of the society. It was pointed out that the Registrar after giving opportunity of hearing, has rightly exercised the powers under sub-section(2) of section 23 of the Act, 1961.
8.2) It was submitted that the construction of the community hall and hostel was made by the society with the donation received from 40 to 42 donors. It was pointed out that the District Registrar has found that the share certificates were issued by the society without allotment of the residential dwelling units but instead of dwelling units,but particular number of the rooms of the hostel is mentioned in the share certificates as well as the allotment letters. It was submitted that there is no Page 12 of 25 Downloaded on : Sat Dec 24 08:27:07 IST 2022 C/SCA/16256/2010 JUDGMENT DATED: 07/01/2022 declaration made by the petitioners as required under Form-A as per the bye-laws and the construction is also not made as per the bye-laws. It was pointed out that 15 members have never made an application for becoming the member of the society. It was pointed out that the respondent authorities are not party either in the Special Civil Suit or in Special Civil Application No.11907/2007. It was submitted that from the application made by the society under section 17 of the Act, 1961, it is admitted that 40 members of the society are not the real members which shows that the society has started commercial activity.
8.3) It was pointed out that District Registrar has passed the impugned order dated 19th January, 2009 under section 23 of the Act, 1961 considering the report dated 11th September 2008 and 6th October, 2008 of Shri B.K. Bhatt, Auditor, Grade-1. As per the said report the donors who have donated money for construction of the community hall and hostel have been shown by the society as contribution towards construction and such donors have been admitted as member of the society. It was therefore, submitted that the petitioners are rightly removed as the Page 13 of 25 Downloaded on : Sat Dec 24 08:27:07 IST 2022 C/SCA/16256/2010 JUDGMENT DATED: 07/01/2022 members of the society in absence of any declaration as required by the bye-laws of the society.
9. Provisions of section 23 of the Act, 1961 reads as under :
"Section 23 - Removal from membership in certain circumstances :
(1) Where a person becomes a member of any society on his making a declaration as required by the bye-laws of the society or otherwise and such declaration is found to be false, then such person shall be disqualified to continue as a member of the society.
(2) Where a person continues as a member of the society notwithstanding the disqualification incurred by him (under sub-section (3) of Section 22 or under sub-section (1)) he shall be removed from the society by the Registrar.
Provided that the Registrar shall, before making an order of removal give the person an opportunity of being heard."
10. The Act, 1961 also provides for qualification of the members of the cooperative society and removal of the members of the society in case the member, Page 14 of 25 Downloaded on : Sat Dec 24 08:27:07 IST 2022 C/SCA/16256/2010 JUDGMENT DATED: 07/01/2022 who is not qualified, is admitted to such membership. Section 2(13) of the Act,1961 defines term "member" as under :
"2(13) "member" means a person joining in an application for the registration of a co-operative society which is subsequently registered, or a person, duly admitted to membership of a society after registration, and includes a nominal, associate or sympathizer member:"
11. The qualification of the eligibility criteria for becoming the member of the society is provided in section 22 of the Act,1961 which reads as under :
"22. Person who may become member -
(1) Subject to the provisions of section 25, no person shall be admitted as a member of a society except the following, that is to say-
(a) an Individual, who is competent to contract under the Indian Contract Act. 1872 (IX of 1872).
(b) a firm, company, [or any other body corporate constituted under any law for the time being the force] or a society registered under the Societies Registration Act, 1860 (XXI of 1860):
(c) a society registered, or deemed to be registered, under this Act;Page 15 of 25 Downloaded on : Sat Dec 24 08:27:07 IST 2022
C/SCA/16256/2010 JUDGMENT DATED: 07/01/2022
(d) the State Government;
[(e) a local authority;
(f) a public trust registered or deemed to have been registered under Bombay Public Trusts Act, 1850; (Bom. XXIX of 1950)]:
[(g) a group of the individuals eligible under the clause (a), whether incorporated or not and whether established or not by or under any law] Provided that, the provisions of clause (a) shall not apply to an individual seeking admission to a society exclusively formed for the benefit of students of a school or college:
Provided further that subject to such terms and conditions as may be laid down by general or special order [a firm or a company or other body corporate constituted under any law for the time being in force] may be admitted as a member only of such society as may be prescribed.
(2) Every person seeking admission as a member of a society, if duly qualified for membership of such society under the provisions of this Act, the rules and the bye-laws of the society, may make an application to the society for membership. The society shall take decision on the application and shall communicate the decision within a period of Page 16 of 25 Downloaded on : Sat Dec 24 08:27:07 IST 2022 C/SCA/16256/2010 JUDGMENT DATED: 07/01/2022 three months from the date of the receipt of the application.
(2-A) Any person aggrieved by the decision of a society under sub- section (2), may prefer an appeal to the Registrar within sixty days of the date of communication of the decision and such appeal shall be decided by the Registrar within a period of sixty days.
(3) Notwithstanding anything contained in sub-section (1), the State Government, may. having regard to the fact that the interest of any person or class of persons engaged in or carrying on any profession, business or employment conflicts or is likely to conflict with the objects of any society or class of societies by general or special order published in the Official Gazette, declare that such person or such class of persons shall be disqualified from being admitted, or for continuing, as member or members or shall be eligible for membership only to a limited extent, of any society or class of societies, so long as such person or persons are engaged in or carry on that profession, business, or employment as the case may be.] (4) All the depositors having deposits of rupees ten thousand or above for a minimum period of one year and the borrowers shall be compulsorily made members in the Primary Agricultural Credit Co-
Page 17 of 25 Downloaded on : Sat Dec 24 08:27:07 IST 2022C/SCA/16256/2010 JUDGMENT DATED: 07/01/2022 operative Societies:
Provided that the depositors having deposits less than rupees ten thousand shall be made nominal members.
(5) The State Government may, by notification in the Official Gazette, alter the limit of rupees ten thousand specified by sub-sec. (4) and also specify such amount of deposit as it deems necessary for a class of society and different amount may be specified for different classes of societies. In the case of borrowing members, the society shall prescribe in its bye-
laws, linking shares subject to minimum of two and half per cent, of the loan taken by the borrowers."
12. The terms and qualifications for admission of membership of the cooperative society are prescribed in the bye-laws of the society as provided in Rule 5 of the Gujarat Cooperative Society Rules, 1965 (For short "the Rules, 1965") which reads as under :
"5. Bye-laws.
(1) Where a society has been registered, the bye-laws submitted under sub-section (1) of Section 8 shall, subject to any modifications approved by the Registrar and adopted at a general meeting having a quorum by a majority of not less than Page 18 of 25 Downloaded on : Sat Dec 24 08:27:07 IST 2022 C/SCA/16256/2010 JUDGMENT DATED: 07/01/2022 one third of the members present and voting, become the bye-laws of the society.
(2) Every society shall make bye-laws on the matters mentioned below:
(a) the name and address of the society and its branches, if any;
(b) the class or occupation of its members, if membership is proposed to be so restricted;
(bb) for enrollment of the depositors and the borrowers as members or nominated members falling under the co-
operative credit structure as required under sub-sec. (4) of Sec. 22;
(c) the area of its operation;
Provided that in case of a co-operative society falling under the definition of co-operative credit structure shall make a provision under its bye-laws to determine, from time to time, such area of its operation as it deems fit.
(d) the objects of the society and its liability or unlimited;
(e) the terms and qualifications for admission to membership, and their rights and liabilities the consequences of default in payment of any sum due by a member; and in case of credit societies, the conditions on which loans may be granted; the rate of interest; the system of calculation of interest; and in case of non-credit societies, the mode of conducting business, purchase, sale, stock-taking and other like matters;
Page 19 of 25 Downloaded on : Sat Dec 24 08:27:07 IST 2022C/SCA/16256/2010 JUDGMENT DATED: 07/01/2022 (ee) provisions regarding subscribing linking shares in case of the borrowing members subject to a minimum of two and half percent of loan taken by the borrower;
(f) the privilege, rights and liabilities of nominal, associate and sympathiser member;
(g) payments and acquisition of interest in the society before the rights of membership are exercised by the member;
(h) rights of voting by a nominal, associate or sympathiser member and the voting rights of a federal society;
(i) restrictions on borrowing from members and non-members;
(j) the manner in which the loss of the society will be determined and its re- imbursement by the member who has not disposed of his produce through the society and who is found guilty of a breach of the bye-laws of any such contract;
(k) the scale of remuneration to be paid to a member who has rendered any service to the society;
(l) appropriation of profit for any other purpose which is not prescribed in sub-section (2) of Section 66.
(m) the manner of summoning general meetings under Section 73 and the manner of making, altering abrogating bye-laws.
(n) the [constitution and election of the Managing Committee] and its powers Page 20 of 25 Downloaded on : Sat Dec 24 08:27:07 IST 2022 C/SCA/16256/2010 JUDGMENT DATED: 07/01/2022 and duties;
(p) the number of members required for the requisition of a special general meeting;
(q) the utilisation of surplus assets of the society under Section 115;
(r) the manner in which capital may be raised;
(s) the mode of custody and investments of funds,
(t) the distribution of profits."
13. It is not in dispute that the bye-laws of the society provides for filing an undertaking/declaration under Form-A as per the prescribed leaf-let "U" and none of the petitioners have filed such declaration/ undertaking as per the bye-laws of the society. The District Registrar in the order dated 19th January, 2009 after considering the report of the auditor as well as the documents produced on record has come to the conclusion that the share certificates, allotment letters and possession letters issued by the society are not legal inasmuch as, as per the data available on record, the petitioners are allotted room numbers in the hostel constructed by the society. Such details are reproduced in the form of chart Page 21 of 25 Downloaded on : Sat Dec 24 08:27:07 IST 2022 C/SCA/16256/2010 JUDGMENT DATED: 07/01/2022 as under :
Petitioner Petitioner's name Details of Number allotment 1 Shri Taralbhai Satishbhai Two rooms on First Shah Floor of the hostel 2 Shri Satishbhai Nyalchand Sanskrutik Shah Marriage Hall 3 Shri Chitrak Satishbhai Two rooms on First Floor of the hostel 4 Shri Harshadbhai Room No. 17 on Jayantilal Mehta Second Floor of the hostel 5 Shri Harshadbhai Room No.1 on Third Chimanlal Shah Floor of the hostel 6 Shri Ashwinbhai Himatlal Room No.11 on Parikh Third Floor of hostel 7 Shri Kiritbhai Parmanand Room No.11 on Mehta Second Floor of hostel 8 Shri Kanubhai Khimchand Room No.15 on Gandhi Second Floor of hostel 9 Shri Indravadan Thakarsi Room No.12 on Parikh Third Floor of hostel 10 Shri Modh Vanik Mandal Room No.19 on (Saltellite) Ahmedabad Second Floor of hostel 11 Shri Balvantbhai Room No.16 on Nyalchandra Mehta Second Floor of hostel
14. Thus the petitioners have never been allotted any residential dwelling units and the society issued the allotment letters, Page 22 of 25 Downloaded on : Sat Dec 24 08:27:07 IST 2022 C/SCA/16256/2010 JUDGMENT DATED: 07/01/2022 possession letters, share certificates mentioning the above rooms of the hostel which is contrary to the bye-laws of the society. It appears that the petitioners are the donors who have donated for construction of the community hall and the hostel. There is also pending litigation with regard to the property of the society before the City Civil Court as the trust has claimed the ownership of the property of the community hall and hostel constructed in the year 2001.
15. It is also found by the District Registrar on the basis of record produced before him that except construction of 13 residential units, no construction is made by the society for the residence of its members and share certificates, possession letters and allotment letters are issued to 40 members allotting room numbers of hostels constructed by the society and no acknowledgment signatures are also available on record for issuance of such share certificates in the record of the society. It is also pointed out by the District Registrar in the impugned order that the petitioners are not interested in having the residential dwelling units in the society and considering the facts emerging from the record, the Page 23 of 25 Downloaded on : Sat Dec 24 08:27:07 IST 2022 C/SCA/16256/2010 JUDGMENT DATED: 07/01/2022 District Registrar has rightly removed the petitioners as members of the society under section 23 of the Act, 1961.
16. The contention raised on behalf of the petitioner with regard to regularization of the construction of community hall and hostel by AUDA in the year 2005 cannot be of any help to the petitioners in view of the fact that the petitioners have never been the members to whom the allotment of residential dwelling units is made by the society.
17. It is also an admitted fact that bye- laws of society have not been followed, more particularly, 15 members of the society during the inspection stated that they have never applied for becoming the member of the society.
18. Reliance placed by the learned advocate for the petitioners on Vikrambhai Dhirajibhai Patel v. A.S. Jog and another (supra) is also not applicable as it is not in dispute that the petitioners have never filed any declaration in the prescribed form of leaf- let "U" containing bye-laws with the society.
19. In view of above undisputed facts, no Page 24 of 25 Downloaded on : Sat Dec 24 08:27:07 IST 2022 C/SCA/16256/2010 JUDGMENT DATED: 07/01/2022 case is made out by the petitioners to interfere while exercising the extraordinary jurisdiction under Article 227 of the Constitution of India in the concurrent findings arrived at by all the three authorities.
20. The petition therefore being devoid of any merit is accordingly dismissed. Rule is discharged. Interim relief stands vacated.
(BHARGAV D. KARIA, J) RAGHUNATH R NAIR Page 25 of 25 Downloaded on : Sat Dec 24 08:27:07 IST 2022