Yashwantsinh Udehsinh Devada vs The Dharod Dudha Utpadak Sahakari ...

                                                                                     NEUTRAL CITATION




   C/SCA/9583/2023                                     ORDER DATED: 23/08/2023

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       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/SPECIAL CIVIL APPLICATION NO.                     9583 of 2023

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             YASHWANTSINH UDEHSINH DEVADA
                        Versus
  THE DHAROD DUDHA UTPADAK SAHAKARI MANDALI LIMITED
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Appearance:
MS MEENA VYAS(3315) for the Petitioner(s) No. 1
MR AADITYASINH JADEJA AGP for the Respondent(s) No. 3
MS RITU R GURU(5532) for the Respondent(s) No. 1,2
SERVED BY RPAD   (N) for the Respondent(s) No. 4
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  CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                          Date : 23/08/2023

                                 ORAL ORDER

1. By way of this petition the petitioner has prayed for the following reliefs :-

"(a) YOUR LORDSHIPS.......may be pleased to issue a writ of Mandamus or writ of Certiorari or in the nature of Mandamus or in the nature Certiorari or any other appropriate writ to quash and set aside the order dated : 332022 passed by the Honourable Gujarat State Co operative Tribunal Ahmedabad fall under the Appeal No : 63 of 2021 and confirm the order dated : 15/9/2021 passed by the Board of Nominees Mahesan in Lawadi Suit No : 192 of 2021 in the interest of justice.

(b) YOUR LORDSHIPS.......may be pleased to during pending admission, hearing and final disposal of this petition the stay implementation operation and execution of Page 1 of 3 Downloaded on : Sun Sep 17 02:14:03 IST 2023 NEUTRAL CITATION C/SCA/9583/2023 ORDER DATED: 23/08/2023 undefined the judgment and order dated : 3/3/2022 passed by the Honourable Gujarat State Co operative Tribunal Ahmedabad fall under the Appeal No :22 of 2021 in the interest of justice.

IN ALTERNATIVELY

(c) YOUR LORDSHIPS.......may be pleased to issue a writ of Mandamus or in the nature of Mandamus or any other appropriate Writ or/as top directly direction given to the Board of Nominees Mahesana to decide the Lawadi Suit No :192 of 2021 within the three months of the respective order may be pass by this Honourable court in the interest of justice, annexed as Ann."B"

(d) YOUR LORDSHIPS.......may be pleased to pass such other and further order as this Honourable Court may deem just and expedient in favour of the petitioners in interest of justice.

(e) And for this act of kindness and justice, the applicant herein above as duty bound shall forever pray."

2. However, learned advocate Ms. Meena Vyas appearing for the petitioner, at the outset, states that if the Court instead of considering the petition on merit, direct the Board of Nominees Mahesana to hear and decide the Lawadi Suit No.192 of 2021 as early as possible, the interest of the justice would be served.

NEUTRAL CITATION C/SCA/9583/2023 ORDER DATED: 23/08/2023 undefined

3. Considering the aforesaid innocuous prayer made be learned advocate Ms. Meena Vyas appearing on behalf of the petitioner, the same is not opposed by learned advocate Ms. Ritu R. Guru appearing for the respondents No.1 and 2 and learned Assistant Government Pleader Mr.Aadityasinh Jadeja appearing for the respondent No.3 - State of Gujarat. In view of that the Board of Nominees Mahesana is hereby directed to hear and decide Lawadi Suit No.192 of 2021 as early as possible and parties are directed to co-operate in the hearing of the aforesaid Lawadi Suit.

4. It is clarified that this Court has not gone into merits of the matter.

5. The present petition stands disposed of. Notice is discharged.

Direct service is permitted.

(NIRZAR S. DESAI,J) Pallavi Page 3 of 3 Downloaded on : Sun Sep 17 02:14:03 IST 2023