Sankarda Sanyukt Kheti Sahkari ... vs State Of Gujarat Through ...
2021 Latest Caselaw 1207 Guj

      C/LPA/1394/2016 SANKARDA SANYUKT KHETI SAHKARI MANDALI LIMITED v. STATE OF GUJARAT THROUGH SECRETARY

                                             JUDGMENTDT.27.01.2021

                     IN THEHIGHCOURTOF GUJARATAT AHMEDABAD

                       R/LETTERSPATENTAPPEALNO. 1394of 2016
                                          In
                       R/SPECIALCIVILAPPLICATIONNO. 6640of 2016
                                        With
                        CIVILAPPLICATION(FORSTAY) NO. 1 of 2016
                                          In
                        R/LETTERSPATENTAPPEALNO. 1394of 2016

FORAPPROVALANDSIGNATURE:

HONOURABLEDR. JUSTICEVINEETKOTHARI

and

HONOURABLEMS. JUSTICEGITAGOPI

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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 thereunder ?

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          SANKARDASANYUKTKHETISAHKARIMANDALILIMITED& 1 other(s)
                                Versus
              STATEOF GUJARATTHROUGHSECRETARY& 2 other(s)
==============================================================================
Appearance:
MRCHIRAGB PATEL(3679)for the Appellant(s)No. 1,2
GOVERNMENTPLEADER(1)for the Respondent(s)No. 1,2,3
==============================================================================
 CORAM: HONOURABLE DR. JUSTICE VINEET KOTHARI
        and
        HONOURABLE MS. JUSTICE GITA GOPI

                                           Date : 27/01/2021

                                        ORAL JUDGMENT

C/LPA/1394/2016 SANKARDA SANYUKT KHETI SAHKARI MANDALI LIMITED v. STATE OF GUJARAT THROUGH SECRETARY

JUDGMENTDT.27.01.2021

(PER : HONOURABLE DR. JUSTICE VINEET KOTHARI)

1. This intra-Court appeal is directed against the order dated 28.11.2016 of the learned Single Judge passed in Special Civil Application No.6640 of 2016 filed by appellant - Sankarda Sanyukt Kheti Sahkari Mandali Limited against the initiation of some inquiry by the Deputy Registrar of Co-operative Societies on the show cause Notice dated 02.02.2016 and 21.03.2016 whereby, the appellant - Society was called upon to submit certain details and explanation. The learned Single Judge has dismissed the writ petition and has asked the appellant - Society to furnish information to the said concerned authority.

2. Learned Senior Counsel Mr. B.S. Patel appearing with learned advocate Mr. C.B. Patel for the appellant submitted that this was all done at the instance of one of the complainant - Mr. Arvindkumar Dwarkadas Jani, who had earlier also approached this Court by way of Special Civil Application No.1099 of 2016, which was, however, dismissed by the learned Single Judge on 21.01.2016 and asking the said person to first approach the concerned authority under the Gujarat Cooperative Societies Act, 1961. The concerned authority, however, initiated this action against the appellant - Society vide notice dated 02.02.2016 (Annexure-A) and aggrieved by which, the appellant - Society had approached the learned Single Judge but, however, the learned Single Judge has dismissed the said writ petition and hence, the present Letters Patent Appeal before this Court.

3. The learned Senior Counsel for the appellant submitted that firstly, no such inquiry can be undertaken and in any case, the inquiry should be conducted by any independent authority, as the authority concerned

C/LPA/1394/2016 SANKARDA SANYUKT KHETI SAHKARI MANDALI LIMITED v. STATE OF GUJARAT THROUGH SECRETARY

JUDGMENTDT.27.01.2021

appears to be biased in favour of the complainant. Learned Senior Counsel Mr. Patel also contended that the said Deputy Registrar has taken the directions of the learned Single Judge in the earlier order dated 21.01.2016 as directions to undertake such inquiry though it was not so. The complainant is not a party before us. However, the learned Government Counsel submits that the matter may be sent to the highest authority under the Act, namely, the Registrar, who may look into the matter, as the appellant - Society cannot perhaps claim immunity from any such inquiry into the affairs of the appellant - Society.

4. Having heard the learned counsel for the parties, we are not inclined to interfere with the impugned order of the learned Single Judge dated 28.11.2016 in any manner. However, to avoid any chance of bias and to ensure fairness and independence of the concerned authority, we relegate the appellant - Society before the Registrar of the Co-operative Societies, the highest authority under the said Act, to look into the matter and to then refer the inquiry to an Officer, who is considered to be independent in the matter. If any objection is raised against the Officer so nominated by the Registrar, the objector in that regard will be heard by the said Registrar of the Cooperative Societies, who will take a decision in the matter. With these observations and directions, the appeal stands disposed of with no order as to costs. The Civil Application stands disposed of accordingly.

(DR. VINEET KOTHARI,J)

(GITA GOPI,J) PRAVINKARUNAN